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NORTH CAROLINA 

bMgister 

VOLUME 12 • ISSUE 22 • Pages 1978 - 2085 

., ;■ ■: May 15, 1998 ^^- ^^ 

IN THIS ISSUE ■; r- n 

Z\ -^ vif« \ lExecutive Order '^^;. Jj; 

\C% "^ 0\ ^^- Acupuncture Licensing Board /; 

W^ !>» ^\ >^"^ Athletic Trainer Examiners /^^ '^ 

T^'? "^ ^\ Community Colleges // ."^^^^"vj 

^ ^ OV Cosmetic Art ExaminerL____#^^. 

^^x y,^ cP \. .- Electrical Contractors // ,^T'' /// 

d^ _— -^""^ Environment and Natural Resotifces ' "^^ /// 

General Contractors 
\\\ o-i- ' \,v Health and Human Services 

vvx ^^-. Pharmacy „^;;^%^,, /^A^ 

X^^%>, > " Plumbing, Heating and Fire Sprinkler Contractors 

"^^-s' ' ^ Public Instruction it • •'.*'; 

■^<^s>x Transportation *0^"' 

"^--*'$^^ Rules Review Commissioii ' 
""-w;i::3gontested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1. 13 



For those persons that have questions or concerns regarding the Administrative Procedure Act or 
components, consult with the agencies below. The bolded headings are typical issues which 
agency can address, but are not inclusive. 



any of it! 
the givei 






Rule Notices, Filings, Register, Deadlines, Copies of Fropotied Rules, etc. 

Office of Administrative Heanngs 
Rules Division /^-^^^-^ jr^''^> 
Capehart-Crocker House ^-' ^^^ 

424 North Blount Street ^ - , L^' " '^ 

Raleigh, North Carolina 27601-2817 



(919)733-2678 
(919) 733-3462 FAX 



contact: Molly Masich, Director APA Services 
^ .. Ruby Creech, Publications Coordinator 

//''' ( 

■■■' -' / ' - 
// / .- - 

Fiscal Notes & Economic Analysis 

Office of State Budget and Management 

116 West Jones Street 

Raleigh, North Carolina 27603-8005 

contact: Mark Sisak, Economist III ^ „„ _ ^^ -^ ,- 
Anna Tefft, Economist II ' ~ .S\%'^"- 



mmasich@oah.state.nc.us 
rcreech@oah.state.nc.us 



(919) 733-7061 
(919) 733-0640 FAX 

msisak@osbm. state. nc. us 
ateffl@osbm.state.nc.us 



A 






I I ■ 



I 



t 



Rule Review and Legal Issues 

Rules Review Commission 
1307 Glenwood Ave., Suite 159 
Raleigh, North Carolina 27605 

contad; Joe DeLuca Jr., Staff Director Counsel 
Bobby Bryan, Staff Attorney 



(919)733-2721 
(919) 733-9415 FAX 



4^ -i; 



I 



Legislative Process Concerning Rule Making 

Joint Legislative Administrative Procedure Oversight Committee 

545 Legislative Office Building 

300 North Salisbury Street (9 1 9) 733-2578 

Raleigh, North Carolina 27611 (919) 715-5460 FAX 



contact: Mary Shuping, Staff Liaison 



marys@ms.ncga.state.nc.us 



County and Municipality Government Questions or Notification 

NC Association of County Commissioners 

2 1 5 North Dawson Street (9 1 9) 7 1 5-2893 

Raleigh, North Carolina 27603 

contact: Jim Blackburn or Rebecca Troutman 



NC League of Municipalities 
2 1 5 North Dawson Street 
Raleigh, North Carolina 27603 

contact: Paula Thomas 



(919)715-4000 



This publication is printed on permanent, acid-free paper in compliance with G.S. 12 5- 11. 13 



NORTH CAROLINA 
REGISTER 




Volume 12, Issue 22 
Pages 1978 - 2085 



May 15, 1998 



This issue contains documents officially filed 
through April 24, 1998. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 2761 1-7447 

(919)733-2678 

FAX (919) 733-3462 



IN THIS ISSUE 

I. EXECUTIVE ORDERS 

Executive Order 132 1978 

II. RULE-MAKING PROCEEDINGS 
Environment and Natural Resources 

Health Services 1979 ■ 

Radiation Protection 1979 

Health and Human Services 
Social Services 1979 

Licensing Boards 

Acupuncture Licensing Board 1981 

Cosmetic Art Examiners 1981 ■ 

Electrical Contractors 1982 

Transportation 

Highways, Division of 1980 • 

Rail Division 1981 

III. PROPOSED RULES 
Environment and Natural Resources 

Environmental Management Commission 1983 ■ 

Health Services 2000 ■ 

Licensing Boards 
Athletic Trainer Examiners 2007 ■ 

IV. TEMPORARY RULES 
Public Education 

Education. State Board of 2010 ■ 

V. APPROVED RULES 2012 

Community Colleges 

Community Colleges 
Environment and Natural Resources 

Coastal Management 

Environmental Management 

Health Services 

Wildlife Resources 
Health and Human Services 

Departmental Rules 

Facility Services 

Mental Health: General 
Licensing Boards 

General Contractors 

Pharmacy 

Plumbing. Heating and Fire Sprinkler Contractors 
Public Instruction 

Public School Administration. Standards for 



1980 



1982 



1981 



2000 
2007 

2009 



2011 
2066 



Julian Mann III, Director 

Camille Winston, Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Jean Shirley, Editorial Assistant 
Linda Richardson, Editorial Assistant 



VI. RULES REVIEW COMMISSION 2067 - 2070 

VIL CONTESTED CASE DECISIONS 

Index to ALJ Decisions 2071 - 2084 

VIIL CUMULATIVE INDEX 1-91 



Sorih Carolina Register is published semi-monthly for $195 per year by the Office of Administrative Hearings. 424 North Blount Street. Raleigh. NC 
27601 Application to mail at Periodicals Rates is pending at Raleigh. NC. POSTMASTER: Send Address changes to the North Carolina Register. 
PO Drawer 27447. Ralemh. NC 2761 1-7447. 



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EXECUTIVE ORDERS 



EXECUTIVE ORDER NO. 132 

VOLUNTEER LEAVE FOR STATE EMPLOYEES 

SERVING IN THE 

1999 SPECIAL OLYMPICS WORLD SUMMER 

GAMES 

WHEREAS, the State of North Carolina has been selected as 
the site for the 1999 SPECIAL OLYMPICS WORLD 
SUMMER GAMES; and 

WHEREAS, the SUMMER GAMES require over 35,000 
volunteers to support the world competition; and; 

WHEREAS, employees in state government are a significant 
source of volunteers; and, 

WHEREAS, employees in state government are committed to 
serve others, as time and energy permit; 

NOW, THEREFORE, by the power vested in me as Governor 
by the laws and Constitution of North Carolina, IT IS 
ORDERED: 

Section 1. Volunteer Leave for State Employees Serving 

in the 1 999 Special Olympics World Summer 

Games Established 

Effective during 1999 only, any employee of the State 

of North Carolina subject to the leave provisions of the State 

Personnel Act serving as a volunteer in the 1999 SPECIAL 

OLYMPICS WORLD SUMMER GAMES shall be allowed up 

to eight (8) hours of matching volunteer leave. 



The Volunteer Leave for State Employees Serving in 
the Summer Games shall enable state employees to volunteer in 
the Summer Games, thereby providing a special resource for the 
success of the Summer Games. 

The leave shall be granted, monitored, and reported by 
each state agency. In August, 1999, each state agency shall 
report to the Office of State Personnel the total hours 
volunteered and the total volunteer time granted by the state. 

Leave shall be granted according to management 
discretion, and be consistent with State Personnel Commission 
policies and agency policies/procedures. 

Section 3. Source of Volunteer Leave Hours for Summer 
Games 
For 1999 only, employees shall be granted an hour of 
matching leave to volunteer for the Summer Games for each 
hour volunteered, up to a maximum of eight (8) hours. 



Section 4. 



Guidelines and Timeframes 



The Volunteer Leave for State Employees Serving in 
the Special Olympics World Summer Games shall be effective 
January 1. 1999 through July 31. 1999. Any leave granted by 
this Executive Order not used by July 31, 1999, shall be 
canceled. 

This Order is effective immediately. 

Done in the Capital City of Raleigh, North Carolina, this the 
n" day of April, 1998. 



Section 2. Purpose and Administration 



12:22 



NORTH CAROLINA REGISTER 



May 15, 1998 



1978 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a statement of subject matter of the agency's proposed rule making. The agency must 
publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a rule. 
Publication of a temporary rule senses as a Notice of Rule-making Proceedings and can be found in the Register under the 
section heading of Temporary Rules. .4 Rule-making .Agenda published by an agency serves as Rule-making Proceedings and 
can be found in the Register under the section heading of Rule-making .Agendas. Statutory reference: G.S. 150B-21.2. 



TITLE 10 - DEPARTMENT OF HEALTH 
AND HUMAN SERVICES 



CHAPTER 42 



INDIVIDUAL AND FAMILY 
SUPPORT 



SUBCHAPTER 42C - LICENSING OF FAMILY 
CARE HOMES 

A Totice of Rule-making Proceedings is hereby given by the 
1 V Social Senices Commission in accordance with G.S. 
150B-21.2. The agency shall subsequently publish in the 
Register the text of the rule(s) it proposes to adopt as a result of 
this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 10 

NCAC 42C .2301 - Other rules may be proposed in the course 
of the rule-making process. 

Authority for the rule-making: G.S. 131D-2: 143B-153 

Statement of the Subject Matter: The proposed amendment 
to the rule would require the adult care home to notif- and 
documetJt notification of a resident's responsible person or 
contact person of an injury to. illness of or an accident/incident 
involving the resident based on medical attention or evaluation 
required or potential safet}- impact on the resident. 

Reason for Proposed Action: Ensuring that family members 
or the responsible part}- for residents of .Adult Care Homes are 
notified of injuries to. illness of or an accident incident 
involving the resident. 

Comment Procedures: .Anyone wishing to comment should 
contact Sharnese Ransome. .A P. A Coordinator. Social Services 
Commission. NC Division of Social Sen'ices. 325 N. Salisbury 
Street. Raleigh. NC 2~603. phone 919 '33-3055. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

CHAPTER 11 - RADIATION PROTECTION 

~\ Totice of Rule-making Proceedings is hereby given by the 
1 V Radiation Protection in accordance with G.S. 150B-21.2. 
The agency shall subsequently publish in the Register the text of 
the rule(s) it proposes to adopt as a result of this notice of rule- 
making proceedings and any comments received on this notice. 



Citation to Existing Rules Affected by this Rule-Making 

15A NCAC 11 .0100. .0300. .0500. .OWO. .1000 and .1600 
Other rules may be proposed in the course of the rule-making 
process. 



Authority for the rule-making: G.S. 104E-2: 104E- 
10: 104E-11A: 104E-15 



104E- 



Statement of the Subject Matter: North Carolina is it 
agreement state with the U.S. Nuclear Regidatory Commissioi 
per an agreement beVA'een the United States Atomic Energ) 
Commission and the State of NC pursuant to Section 274 ofth 
Atomic Energy Act of 1954. as amended, and authorized undei 
NC GS 104C-5. 1963. Our agreement state status requires tha 
our rules be compatible with the US Nuclear Regulator 
Commission's rules which mandates that our rules shall be a. 
stringent or more stringent than the US Nuclear Regulator} 
Commission's rules. 

Reason for Proposed Action: Same as Statement of Subjec 
Matter. 

Comment Procedures: Written Comments may be submittec 
to Wanda Shacklejord at 3825 Barrett Dr.. Raleigh. NC 2" 609 
"221 or by telephone at (919) 5' 1-4141. 



wwwwwwwww 



CHAPTER 16 - ADULT HEALTH 

SUBCHAPTER 16A - CHRONIC DISEASE 

A Totice of Rule-making Proceedings is hereby given by th 
1 V Commission for Health Ser\-ices in accordance with G.S. 
150B-21.2. The agency shall subsequently publish in th 
Register the text of the ruleis) it proposes to adopt as a result Oj 
this notice of rule-making proceedings and any comment, 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making 

15A NCAC 16A .0101. .0106. .0108 - Other rules may be 
proposed in the course of the rule-making process. 

Authority for the rule-making: G.S 130.A-223: Sec. 329 
Public Health Ser\-ices .Act. 95 Stat. 569 1 42 U.S.C. 2 54b I 

Statement of the Subject Matter: 

75.-1 NCAC 16.4 .0101 - This Rule provides agency name. 

15A NC.4C 164 .0106 - This Rule provides form name am 

mailing address. 

ISA NCAC 16.4 .0108 - This Rule requires providers to submi 



1979 



NORTH CAROLINA REGISTER 



Max 15, 1998 



12:22 



RULE-MAKING PROCEEDINGS 



an Authorization Request form. DEHNR 3056 for authorization 
before the Migrant Health Program will provide reimbursement. 

Reason for Proposed Action: 

ISA NCAC 16A .0101 - Technical changes to update agency 
name. 

ISA NCAC 16A .0106 - Technical changes to update agency 
form name and remove old mailing address. 
ISA NCAC 16A .0108 - The Migrant Health Program currently 
requires private medical and dental providers, pharmacies, and 
hospitals who provide health services to migrant farmworkers 
to submit an Authorization Request form in addition to the 
standard claim form. Requirement of the Authorization Request 
form places an excessive administrative burden on providers 
and has had a negative impact on the Program's capacity to 
recruit additional providers to participate in the program. 
Because virtually all Authorization Requests in the Migrant 
Health Program are submitted to the program with the claim 
after the service has been rendered, completing and processing 
the .Authorization form has been felt to be a wasteful and 
unnecessaiy duplication of effort for both private providers and 
the state claims processors. The current dual authorization and 
claims processing procedures will be simplified to a single 
process of reviewing claim requests for services provided to 
eligible individuals. 

Comment Procedures: Comments men- be submitted in writing 
within 60 days after the date of publication of this issue of the 
North Carolina Register to Suzana Young. Division of 
Community Health. Office of Minority' Health. DHHS, PO Box 
29605. Raleigh. NC 27626-0605. 



ISA NCAC 24A .0102 - Provides definitions of terms that are 
frequently used in Subchapter 24A. 

ISA NCAC 24A .0302 - Sets the time frames for the submission 
and processing of Authorization Requests and claims. 
ISA NCAC 24 A .0402 - Establishes the Department's 
reimbursement rates for inpatient hospitalization. 
ISA NCAC 24A .0403 - Establishes the Department's 
reimbursement rates for professional, outpatient, and other 
services. 

ISA NCAC 24A .0404 - Defines how the Department establishes 
reimbursement rates for medical services not covered by 
Medicaid. 

Reason for Proposed Action: 

ISA NCAC 24A .0101, .0102, .0402 - These are technical 
amendments to change the name and address of the department 
as a result of re-organization. 

ISA NCAC 24A .0302, .0403, .0404 - In conjunction with the 
Migrant Health Program's proposed amendment to I5A NCAC 
I6A .0108. this amendment would eliminate the requirement that 
providers submit an .Authorization Request form prior to 
submitting a claim for payment to the program. This would 
reduce papei-vivrk and administrative costs for providers and 
the program. The determination of whether billed services are 
covered by the program would be made from information on the 
claim. 

Comment Procedures: Comments may be submitted in writing 
within 60 days after the date of publication of this issue of the 
North Carolina Register to Richard F. Moore. Controller's 
Office. Purchase of Medical Care Ser\'ices Unit. DHHS. P.O. 
Box 29602. Raleigh. NC 27626-0602. 



•k'kit'k-k-k'k-k-kit-k 



■K -K ft ■K ft 



CHAPTER 24 - GENERAL PROCEDURES FOR 
PUBLIC HEALTH PROGRAMS 

SUBCHAPTER 24A - PAYMENT PROGRAMS 

A Totice of Rule-making Proceedings is hereby given by the 
1 V Commission for Health Services in accordance with G.S. 
150B-21.2. The agency shall subsequently publish in the 
Register the text of the rule(s) il proposes to adopt as a result of 
this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 24A .0101 - .0102. .0302. .0402 - .0404 - Other rules 
may be proposed in the course of the rule-making process. 



Authority for the rule-making: 

130.A-12': 130.A-I29: 130.4-205 



G.S 130.4-5(3): 130.4-124: 



Statement of the Subject Matter: 

15.4 NCAC 24A .0101 - Provides general information about the 

payment programs of the Department of Health and Human 

Services. 



TITLE 19A - DEPARTMENT OF TRANSPORTATION 

CHAPTER 2 - DIVISION OF HIGHWAYS 

SUBCHAPTER 2D - HIGHWAY OPERATIONS 

\ Totice of Rule-making Proceedings is hereby given by the 
1 V North Carolina Department of Transportation - Division 
of Highways in accordance with G.S. 1 50B-21 .2. The agency 
shall subsequently publish in the Register the text of the rule(s) 
it proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

19.4 NCAC 02 D .0406 - Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S 136-66.1: 143B-346: 
143B-350(J): 143B-350(g) 

Statement of the Subject Matter: Rule states conditions under 
which sidewalks are constructed and maintained. 



12:22 



NORTH CAROLINA REGISTER 



May 15, 1998 



1980 



RULE-MAKING PROCEEDINGS 



Reason for Proposed Action: 19A SCAC 02D .0406 is 
proposed for amendment to comply with federal legislation 
(ISTE4 requirements/. The proposed amendments Mill bring the 
rule into agreement with the current higlnvay project planning 
procedures. 

Comment Procedures: .Any interested person may submit 
written comments on the proposed rule by mailing the comments 
to Emily Lee. \C DOT. P.O. Box 25201'. Raleigh. SC 2-611 by 
September 1. 1998. 



CHAPTER 6 - DEPUTY SECRETARY - TR.ANSIT, 
R.A1L, AND AVIATION 

SUBCHAPTER 6B - PUBLIC TR.ANSPORTATION 
AND RAIL PROGR.AM 

A Totice of Rule-making Proceedings is hereby given by the 
J. V .\orth Carolina Department of Transportation - Rail 
Division in accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Register the text of the ruleisi it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

19A XCAC 068.0412 - .0413 - Other rules may be proposed in 
the course of the rule-making process. 



Authority for the rule-malving: 

350ig) 



G.S. 143B-350(f): 143B- 



Statement of the Subject Matter: Rules state conditions under 
which grants are administered for the Rail Industrial Access 
Program. 

Reason for Proposed Action: The amendments to 06B .0412 
will allow companies greater flexibility in procurements. 
Although formal competitive bidding will be recommended it 
will no longer be required. The amendments to 06B .0413 are 
proposed to simplif- invoicing and grant administration. 

Comment Procedures: .iny interested person may submit 
written comments on the proposed rules by triailing the 
comments to Emily Lee. \C DOT. P.O. Box 25201. Raleigh. SC 
2-611 by September 1. 1998. 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 

CHAPTER 1 - NORTH CAROLINA 
ACUPUNCTURE LICENSING BOARD 

'Entice of Rule-making Proceedings is hereby given by the 
Sorth Carolina .Acupuncture Licensing Board in 



M 



accordance with G. S. 1 50B-2 1.2. The agency shall sitbsequenth 
publish in the Register the text of the rule(s) it proposes to adop 
as a result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 2 

SCAC 01 .0101. .0105 - Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S. 90-454: 90-455 

Statement of the Subject Matter: 

21 2sCAC 01 .0101 - To clarify qualifications for licensure. 
21 yC.AC 01 .0105 - This Rule will contain procedures fot 
licensure through license reciprocity. 

Reason for Proposed Action: 

21 .\CAC 01 .0101 - To clarifi- and modify existing rule in the 

qualifications for licensure - to be more precise in the area oj 

"college". 

21 yCAC 01 .0105 - To present qualifications for licensure 

through license reciprocity. 

Comment Procedures: .Any person may submit comments to 
the Board no later than July 14. 1998 to Diana .Mills. North 
Carolina .Acupuncture Licensing Board. 1418 .Aversboro Road. 
Garner, \C 2-529. 



■K -K ■K yr -x v: 



CHAPTER 14 - BOARD OF COSMETIC 
ART EXAMINERS 

SUBCHAPTER 141 - OPERATIONS OF 
SCHOOLS OF COSMETIC ART 

~\ Totice of Rule-making Proceedings is hereby given by the 
J. V A.C. State Board of Cosmetic Art Examiners in accordance 
with G.S. 150B-21.2. The agency shall subsequently publish in 
the Register the text of the rule(s) it proposes to adopt as a result 
of this notice of ride-makirig proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 21 

SCAC 141 .010' - Other rules may be proposed in the course of 
the rule-making process. 

Authority for the rule-making: G.S. 88-23 

Statement of the Subject Matter: Students enrolling in more 
than one school. 

Reason for Proposed Action: Problems with students 
enrolling in different schools at the same time. 

Comment Procedures: Written comments concerning this 
rule-making action must be submitted by July 15. 1998. to Dee 
Williams. Rule-making Coordinator. SC State Board oj 



1981 



NORTH CAROLINA REGISTER 



Mar 15, J 998 



12:22\ 



RULE-MAKING PROCEEDINGS 



Cosmetic Art Examiners, 1201-110 Front St. 
27609. 



Raleigh, NC rule-making process. 



CHAPTER 18 - BOARD OF EXAMINERS 
OF ELECTRICAL CONTRACTORS 

SUBCHAPTER 18B - BOARD'S RULES FOR 

THE IMPLEMENTATION OF THE 

ELECTRICAL CONTRACTING LICENSING 

ACT 

A Totice of Rule-making Proceedings is hereby given by the 
1 V State Board of Examiners of Electrical Contractors in 
accordance with G. S. 1 50B-2 1 . 2. The agency shall subsequently 
publish in the Resister the text of the rule(s) it proposes to adopt 
as a result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 21 

NCAC 18B - Other rules may be proposed in the course of the 



Authority for the rule-making: G.S 87-42; 87-43.3: 87-43.4: 
87-44: 87-44.1: 87-47(b) 

Statement of the Subject Matter: All subjects covered by 
existing 21 NCAC 18B, together with any other subjects that the 
Board is authorized by law to address in rule-making. 

Reason for Proposed Action: The Board and its staff see the 
need to study the rules periodically. The Board will study all of 
its existing rules to determine whether any rules need to be 
amended or repealed. The Board will also study whether any 
new rules need to he adopted. 

Comment Procedures: Interested persons may submit written 
comments to the State Board of Examiners of Electrical 
Contractors. P.O. Box 18727. Raleigh. NC 27619-8727. by mail 
or by hand delivery to the Board at 1200 Front St)-eet, Suite 105. 
Raleigh. NC 27609. 



12:22 



NORTH CAROLINA REGISTER 



Max- 15, 1998 



1982 



PROPOSED RULES 



This Section contains the text oj proposed rules. At least 60 Jays prior to the publication of text, the agency published a 
Notice of Rule-making Proceedings. The agency nnist accept comments on the proposed rule for at least 30 days from the 
publication date, or until the public hearing, or a later date if specified in the notice by the agency: The required comment 
period is 60 days for a rule that has a substantial economic impact of at least five million dollars (S5. 000. 000). Statutory 
reference: G.S. 1508-21.2. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the DENR - Environmental Management Commission 
intends to amend rules cited as 15.4 NCAC 2D .0501. .0601 - 
.0602. .0604 - .0608. .0610. .0903. .1105. .1204. .1404: and 
adopt rules cited as 15A NCAC 2D .0611 - .0615. Notice of 
Rule-making Proceedings was published in the Register on 
December 15. 199^. 

Proposed Effective Date: .April 1. 1999 

A Public Hearing will be conducted at ^:00 p.m. on June 11. 
1998 at the .Archdale Building. Ground Floor Hearing Room. 
512 N. SalisbuiySt.. Raleigh. \C2'611. 

Reason for Proposed Action: To clarifi- existing and adopt 
new rules to specif' monitoring, recordkeeping, and reporting 
requirements. 

Comment Procedures: .411 persons interested in these matters 
are invited to attend the public hearings. .4ny person desiring 
to comment for more than three minutes is requested to submit 
a written statement for inclusion in the record of proceedings at 
the public hearing. The hearing record will remain open until 
July r. 1998 for Rules 15A NC.4C 2D .0501. .0601. 0615. 
.0903. .1105. .1204, and .1404 to receive additional written 
statements. 

NOTE: In addition to the ablove amendments and adoptions, 
the Environmental Management Commission lEMC) is asking 
for comment on using sulfur dioxide averaging times of three- 
hour and 24-hour rolling average in 15A NC.4C 2D .0608 in 
lieu of the proposed 24-hour block a\-erage. 
Comments should be sent to and additional information 
concerning the hearing or the proposals mo}- be obtained by 
contacting: 

Mr. Thomas C. .4llen 

Division of.4ir Quality- 

P. O Box 29580" 

Raleigh. North Carolina 2^626-0580 

(919) ^33-1489 t phone) 

(919) -]5--'4-6{fax) 

thomjillen a aq. ehnr. state, nc. us (e-mail) 

Fiscal Note: r/;i.'.st' Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do not 
have a substantial economic impact of at least five million 
dollars (55,000.000) in a 1 2-month period. 



CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2D - AIR POLLUTION 
CONTROL REQUIREMENTS 

SECTION .0500 - EMISSION 
CONTROL STANDARDS 

.0501 COMPLIANCE WITH EMISSION CONTROL 
STANDARDS 

(a) Purpose and Scope. The purpose of this Rule is to assure 
orderK compliance u ith emission control standards found in this 
Section. This Rule shall apply to all air pollution sources, both 
combustion and non-combustion. 

(b) In determining compliance with emission control 
standards, means shall be provided b> the owner to allow 
periodic sampling and measuring of emission rates, including 
necessap. ports, scaffolding and power to operate sampling 
equipment; and upon the request of the Division of 
Environmental Management, data on rates of emissions shall be 
supplied b> the owner. 

(c) Testing to determine compliance shall be in accordance 
with the following procedures, except as may be otherwise 
required in Rules .0524. T^^O-k .0606. . 1 1 1 0. or . 1 1 1 1 of this 
Subchapter. 

( I ) Method 1 of Appendix A of 40 CFR Part 60 shall be 
used to select a suitable site and the appropriate 
number of test points for the following situations: 
(A) particulate testing. 

velocity and volume flow rate measurements. 

testing for acid mist or other pollutants vshich 

occur in liquid droplet form. 

an> sampling for which \elocit\ and volume 

flow rate measurements are necessary for 

computing final test results, and 

an\ sampling which involves a sampling 

method which specifies isokinetic sampling. 

(isokinetic sampling is sampling in which the 

velocity of the gas at the point of entry into the 

sampling nozzle is equal to the \elocity 

adjacent to the nozzle.) 

Method 1 shall be applied as written with the 

following clarifications: Testing installations with 

multiple breechings ma\ be accomplished b\ testing 

the discharge stack(s) to which the multiple 

breechings exhaust. If the multiple breechings are 

indiv idualK tested, then Method 1 shall be applied to 

each breeching indi\iduall>. The Director or his 

designee may approve a test when test ports in a duct 

are located less than tw o diameters downstream from 



(B) 
(C) 

(D) 



(E) 



1983 



NORTH CAROLINA REGISTER 



May 15, 1998 



12:22 



PROPOSED RULES 



any disturbance (fan, elbow, change in diameter, or 
any other physical feature that may disturb the gas 
flow) or one-half diameter upstream fi-om any 
disturbance, if the tester demonstrates to the Director, 
or his designee, that locating test ports beyond these 
distances are impossible because the duct cannot be 
modified to meet the specifications of Method 1 or 
testing at an alternative location is not feasible. 

(2) Method 2 of Appendix A of 40 CFR Part 60 shall be 
applied as written and used concurrently with any test 
method in which velocity and volume flow rate 
measurements are required. 

(3) Sampling procedures for determining compliance with 
particulate emission control standards shall be in 
accordance with Method 5 of Appendix A of 40 CFR 
Part 60. Method 17 of Appendix A of 40 CFR Part 
60 may be used instead of Method 5 provided that the 
stack gas temperature does not exceed 320° F. The 
minimum time per test point for particulate testing 
shall be two minutes and the minimum time per test 
run shall be one hour. The sample gas drawn during 
each test run shall be at least 30 cubic feet. A number 
of sources are known to emit organic material (oil, 
pitch, plasticizers, etc.) which exist as finely divided 
liquid droplets at ambient conditions. These materials 
cannot be satisfactorily collected by means of the 
above Method 5. In these cases the Commission may 
require the use of Method 5 as proposed on August 
17, 1971, in the Federal Register, Volume 36, Number 
159. 

(4) The procedures for determining compliance with 
sulfur dioxide emission control standards for fuel 
burning sources may be either by determining sulfur 
content with fuel analysis or by stack sampling. 
Combustion sources choosing to demonstrate 
compliance through stack sampling shall follow 
procedures described in Method 6 of Appendix A of 
40 CFR Part 60. When Method 6 of Appendix A of 
40 CFR Part 60 is used to determine compliance, 
compliance shall be determined by averaging six 20- 
minute samples taken over such a period of time that 
no more than 20 minutes elapses between any two 
consecutive samples. If a source chooses to 
demonstrate compliance by analysis of sulfur in fuel, 
sampling, preparation, and analysis of fuels shall be in 
accordance with the following American Societ>' of 
Testing and Materials (ASTM) methods: 

(A) coal: 

^ sampling ASTM M e thod D 223 4 ; 

fit^ — pr e paration ASTM M e thod D 2013; 
fw^ — gross calorific valu e (BTU) ASTM 

Method D 2015; 
fiv) — moisture cont e nt ASTM M e thod D 

3173 or D 5112; 
(V) — sulfur cont e nt ASTM M e thod D 3177 

or ASTM M e thod D 4239; 



(i) 



(B) 



im 



Lun 



(iyj 



(yj 



oil: 
(i) 



Sampling. 

(I) Sampling Location. A source 

shall collect the coal from a 

location in the handling or 

processing system that provides a 

sample representative of the fuel 

bunkered or burned during a 

boiler operating day. For the 

purpose of this method, a fuel lot 

size is defined as the weight of 

coal bunkered or consumed 

during each boiler operating day. 

For reporting and calculation 

purposes, the gross sample shall 

be identified with the calendar 

day on which sampling began. 

The Director may approve 

alternate definitions of fuel sizes 

if the alternative will provide a 

more representative sample. 

(II) Sample Increment Collection. A 

source shall use a coal sampling 

procedure that meets the 

requirements of ASTM D 2234 

Type L condition A^ B^ C and 

systematic spacing for collection 

of sample increments. All 

requirements and restrictions 

regarding increment distribution 

and sampling device constraints 

shall be observed. 

(Ill) Gross Samples. A Source shall 

use ASTM D 2234. 7.1.2, Table 

2 except as provided in 7. 1 .5.2 to 

determine the number and weight 

of increments (composite or 

gross samples). 

Preparation. A source shall use ASTM 

D 2013 for sample preparation from a 

composite or gross sample. 

Gross Caloric Value (GCV). A source 

shall use ASTM D 2015 or D 3286 to 

determine GCV on a dry basis from a 

composite or gross sample. 

Moisture Content. A source shall use 

ASTM D 3173 to determine moisture 

from a composite or gross sample. 

Sulfur Content. A source shall use 

ASTM D 3 1 77 or D 4239 to determine 

the percent sulfur on a dry basis from a 

composite or gross sample. 

sampling— A sample shall be collected at 
the pipeline inlet to the fuel burning unit 
after sufficient fuel has been drained 
from the line to remove all fuel that may 



NORTH CAROLINA REGISTER 



Mav 15, 1998 



1984 



PROPOSED RULES 



have been standing in the line; 
(ii) heat of combustion (BTU)--ASTM 

Method D 240 or D 2015; 
(iii) sulfur content--ASTM Method D 129 or (11) 

D 1552. 
The sulfur content and BTU content of the fuel shall 
be reported on a dr\ basis. When the test methods (12) 

described in Parts (A) or (B) of this Subparagraph are 
used to demonstrate that the ambient air quality 
standards for sulfur dioxide are being protected, the 
sulfur content shall be determined at least once per 
year from a composite of at least three or 24 samples 
taken at equal time intervals from the fuel being 
burned over a three-hour or 24-hour period, 
respectively, whichever is the time period for which 
the ambient standard is most likeK to be exceeded; 
this requirement shall not appK to sources that are 
onK' using fuel analysis in place of continuous 
monitoring to meet the requirements of Section .0600 
of this Subchapter. 

(5) Sulfuric acid manufacturing plants and spodumene (13) 
ore roasting plants shall demonstrate compliance with 

Rules .05 1 7 and .0527, respecti\ ely. of this Section by 
using Method 8 of Appendix A of 40 CFR Part 60. 
Compliance shall be determined b\ averaging 
emissions measured b\ three one-hour tests. 

(6) All industrial processes not covered under 
Subparagraph (5) of this Paragraph emitting sulfur 
dioxide shall demonstrate compliance b) sampling 
procedures described in Method 6 of Appendix A of 
40 CFR Part 60. Compliance shall be determined b\ 
averaging six 20-minute samples taken over such a 
period of time that no more than 20 minutes elapses 
between any two consecutive samples. 

(7) Sampling procedures to demonstrate compliance with 
emission standards for nitrogen oxides shall be in 
accordance \s ith the procedures set forth in Method 7 
of Appendix A of 40 CFR Part 60. 

(8) Method 9 of Appendix A of 40 CFR 60 shall be used 
when opacit) is determined b> visual observation. 

(9) Non\ ithstanding the stated applicabilit> to new source 
performance standards or priman. aluminum plants, 
the procedures to be used to determine fluoride 
emissions are: 

(A) for sampling emissions from stacks. Method 
13A or 13B of Appendix A of 40 CFR Part 60. 

(B) for sampling emissions from roof monitors not 
emploving stacks or pollutant collection (14) 
systems. Method 14 of Appendix A of 40 CFR 

Part 60. and 

(C) for sampling emissions from roof monitors not 
emploN ing stacks but equipped with pollutant 
collection systems, the procedure under 40 
CFR 60.8(b), except that the Director of the 
Division of Environmental Management shall 
be substituted for the administrator. 

(10) Emissions of total reduced sulfur shall be measured 



by the test procedure described in Method 16 of 
Appendix A of 40 CFR Part 60 or Method 16A of 
Appendix A of 40 CFR Part 60. 
Emissions of mercury shall be measured by the test 
procedure described in Method 101 or 102 of 
Appendix B of 40 CFR Part 6 1 . 
Each test (excluding fuel samples) shall consist of 
three repetitions or runs of the applicable test method. 
For the purpose of determining compliance with an 
applicable emission standard the average of results of 
all repetitions shall appK . In the event that a sample 
is accidentalK lost or conditions occur in which one 
of the three runs must be discontinued because of 
forced shutdown, failure of an irreplaceable portion of 
the sample train, extreme meteorological conditions 
or other circumstances, beyond the owner or 
operator's control, and there is no way to obtain 
another sample, then compliance may be determined 
using the arithmetic average of the results of the two 
other runs. 

In conjunction with performing certain test methods 
prescribed in this Rule, the determination of the 
fraction of carbon dioxide, oxvgen, carbon monoxide 
and nitrogen in the gas being sampled is necessarv' to 
determine the molecular weight of the gas being 
sampled. Collecting a sample for this purpose shall be 
done in accordance with Method 3 of Appendix A of 
40 CFR Part 60: 

(A) Tfie grab sample technique may also be used 
with instruments such as Bacharach Fyrite 
(trade name) w ith the following restrictions: 

(i) Instruments such as the Bacharach 
Fyrite (trade name) may only be used 
for the measurement of carbon dioxide 

(ii) Repeated samples shall be taken during 
the emission test run to account for 
variations in the carbon dioxide 
concentration. No less than four samples 
shall be taken during a one-hour test 
run, but as many as necessan. shall be 
taken to produce a reliable average. 

(iii) The total concentration of gases other 
than carbon dioxide, oxygen and 
nitrogen shall be less than one percent. 

(B) For fuel burning sources, concentrations of 
oxvgen and nitrogen may be calculated from 
combustion relations for various fuels. 

For those processes for vshich the allowable emission 
rate is determined by the production rate, provisions 
shall be made for controlling and measuring the 
production rate. The source shall be responsible for 
ensuring. v\ithin the limits of practicalitv. that the 
equipment or process being tested is operated at or 
near its maximum normal production rate or at a lesser 
rate if specified b\ the Director or his delegate. The 
individual conducting the emission test shall be 
responsible for including with his test results, data 



1985 



NORTH CAROLINA REGISTER 



May 15, 1998 



12:22 



PROPOSED RULES 



which accurately represent the production rate during 
the test. 

(15) Emission rates for wood or fuel burning sources 
which are expressed in units of pounds per million 
BTU shall be determined by the "Oxygen Based F 
Factor Procedure" described in 40 CFR Part 60, 
Appendix A, Method 19, Section 5. Other procedures 
described in Method 19 may be used if appropriate. 
To provide data of sufficient accuracy to use with the 
F-factor methods, an integrated (bag) sample shall be 
taken for the duration of each test run. In the case of 
simultaneous testing of multiple ducts, there shall be 
a separate bag for each sampling train. The bag 
sample shall be analyzed with an Orsat analyzer in 
accordance with Method 3 of Appendix A of 40 CFR 
Part 60. (The number of analyses and the tolerance 
between analyses are specified in Method 3.) The 
specifications indicated in Method 3 for the 
construction and operation of the bag sampling 
apparatus shall be followed. 

( 1 6) Particulate testing on steam generators that utilize soot 
blowing as a routine means for cleaning heat transfer 
surfaces shall be conducted so that the contribution of 
the soot blowing is represented as follows: 

(A) If the soot blowing periods are expected to 
represent less than 50 percent of the total 
particulate emissions, one of the test runs shall 
include a soot blowing cycle. 

(B) If the soot blowing periods are expected to 
represent more than 50 percent of the total 
particulate emissions then two of the test runs 
shall each include a soot blowing cycle. 

Under no circumstances shall all three test runs 
include soot blowing. The average emission rate of 
particulate matter is calculated by the equation: 



■'AVG 



' AR -^ 



'' R~S BS^ 



R AR 



Ej^vG equals the average emission rate in pounds per 
million Btu for dailv operating time. E<, equals the 
average emission rate in pounds per million Btu of 
sample(s) containing soot blowing. E,, equals the 
average emission rate in pounds per million Btu of 
sample(s) with no soot blowing. A equals hours of 
soot blowing during sample(s). B equals hours 
without soot blowing during sample(s) containing 
sootblowing. R equals average hours of operation per 
24 hours. S equals average hours of soot blowing per 
24 hours. If large changes in boiler load or stack flow 
rate occur during soot blowing, other methods of 
prorating the emission rate may be considered more 
appropriate; for these tests the Director or his 
designee may approve an alternate method of 
prorating. 



(17) Emissions of volatile organic compounds shall be 
measured by the appropriate test procedure in Section 
.0900 of this Subchapter. 

(18) Upon prior approval by the Director or his delegate, 
test procedures different from those described in this 
Rule may be used if they will provide equivalent or 
more reliable results. Furthermore, the Director or his 
delegate may prescribe alternate test procedures on an 
individual basis when he considers that the action is 
necessary to secure reliable test data. In the case of 
sources for which no test method is named, the 
Director or his delegate may prescribe or approve 
methods on an individual basis. 

(d) All new sources shall be in compliance prior to beginning 
operations. 

(e) In addition to any control or manner of operation 
necessary to meet emission standards in this Section, any source 
of air pollution shall be operated with such control or in such 
manner that the source shall not cause the ambient air quality 
standards of Section .0400 of this Subchapter to be exceeded at 
any point beyond the premises on which the source is located. 
When controls more stringent than named in the applicable 
emission standards in this Section are required to prevent 
violation of the ambient air quality standards or are required to 
create an offset, the permit shall contain a condition requiring 
these controls. 

(f) The Bubble Concept. A facility with multiple emission 
sources or multiple facilities within the same area may choose to 
meet the total emission limitation for a given pollutant through 
a different mix of controls than that required by the rules in this 
Section or Section .0900 of this Subchapter. 

(1) In order for this mix of alternative controls to be 
permitted the Director shall determine that the 
following conditions are met: 

(A) Sources to which Rules .0524, .0530, .0531, 
.1 1 10 or .1 1 1 1 of this Subchapter, the federal 
New Source Performance Standards (NSPS), 
the federal National Emission Standards for 
Hazardous Air Pollutants (NESHAPS), 
regulations established pursuant to Section 1 1 1 
(d) of the federal Clean Air Act, or state or 
federal Prevention of Significant Deterioration 
(PSD) requirements apply, shall have 
emissions no larger than if there were not an 
alternative mix of controls; 

(B) The facility (or facilities) is located in an 
attainment area or an unclassified area or in an 
area that has been demonstrated to be 
attainment by the statutory deadlines (with 
reasonable further progress toward attainment) 
for those pollutants being considered; 

(C) All of the emission sources affected by the 
alternative mix are in compliance with 
applicable regulations or are in compliance 
with established compliance agreements; and 

(D) The review of an application for the proposed 



NORTH CAROLINA REGISTER 



Mav 15, 1998 



1986 



PROPOSED RULES 



mix of alternative controls and the enforcement 
of any resulting permit will not require 
expenditures on the part of the State in excess 
of five times that which would otherwise be 
required. 

(2) The owner(s) or operator(s) of the facility (facilities) 
shall demonstrate to the satisfaction of the Director 
that the alternative mix of controls is equivalent in 
total allowed emissions, reliability, enforceability, and 
environmental impact to the aggregate of the 
otherwise applicable individual emission standards; 
and 

(A) that the alternative mix approach does not 
interfere with attainment and maintenance of 
ambient air quality standards and does not 
interfere with the PSD program: this 
demonstration shall include modeled 
calculations of the amount, if any, of PSD 
increment consumed or created; 

(B) that the alternative mix approach conforms 
with reasonable further progress requirements 
in any nonattainment area; 

(C) that the emissions under the alternative mix 
approach are in fact quantifiable, and trades 
among them are even; 

(D) that the pollutants controlled under the 
alternative mix approach are of the same 
criteria pollutant categories, except that 
emissions of some criteria pollutants used in 
alternative emission control strategies are 
subject to the limitations as defined in 44 FR 
71784 (December 11. 1979). Subdivision 
D.l.c.ii. The Federal Register referenced in 
this Part is hereby incorporated by reference 
and does not include subsequent amendments 
or editions. 

The demonstrations of equivalence shall be performed 
with at least the same level of detail as The North 
Carolina State Implementation plan for Air Quality 
demonstration of attainment for the area in question. 
Moreover, if the facility involves another facility in 
the alternative strategy, it shall complete a modeling 
demonstration to ensure that air quality is protected. 
Demonstrations of equivalency shall also take into 
account differences in the level of reliability of the 
control measures or other uncertainties. 

(3) The emission rate limitations or control techniques of 
each source within the facility (facilities) subjected to 
the alternative mix of controls shall be specified in the 
facility's (facilities') permits(s). 

(4) Compliance schedules and enforcement actions shall 
not be affected because an application for an 
alternative mix of controls is being prepared or is 
being reviewed. 

(5) The Director ma\ waive or reduce requirements in 
this Paragraph up to the extent allowed b\ the 
Emissions Trading Polic\ Statement published in the 



Federal Register of April 7, 1982, page 

1 5076- 1 5086, provided that the analysis required b; 

Paragraph (g) of this Rule shall support any waiver o 

reduction of requirements. The Federal Registe 

referenced in this Paragraph is hereby incorporated b; 

reference and does not include subsequen 

amendments or editions. 

(g) In a permit application for an alternative mix of control 

under Paragraph (f) of this Rule, the owner or operator of thi 

facility shall demonstrate to the satisfaction of the Director tha 

the proposal is equivalent to the existing requirements of the SII 

in total allowed emissions, enforceability, reliability; anc 

environmental impact. The Director shall provide for publi( 

notice with an opportunity for a request for public hearin 

following the procedures under 1 5 A NCAC 2Q .0300 or .0500 

as applicable. If and when a permit containing these condition 

is issued, it shall become a part of the state implementation plai 

(SIP) as an appendix available for inspection at the department' 

regional offices. Until the U.S. Environmental Protectioi 

Agency (EPA) approves the SIP revision embodying the permi 

containing an alternative mix of controls, the facility shal 

continue to meet the otherwise applicable existing SII 

requirements. The revision shall be approved by EPA on thi 

basis of the revision's consistency with EPA's "Policy fo 

Alternative Emission Reduction Options Within Stati 

Implementation Plans" as promulgated in the Federal Register o 

December 11, 1989, pages 71780-71788. and subsequen 

rulings. 

(h) The referenced ASTM test methods in this Rule an 
hereby incorporated by reference and include subsequen 
amendments and editions. Copies of referenced ASTM tes 
methods or Federal Registers may be obtained from the Divisioi 



of Environm e ntal Manag e m e nt. P.O. Box 29535. Ral e igh. NortI 



Carolina 27626 0535 Division of Air Quality. PO Box 29580 



Raleigh. North Carolina 27626-0580 at a cost of ten cent 
(SO. 10) per page. 

Aiilhorin-G.S. 143-215. 3(a)ll ): N3-2l5.IO^(a)l5). 

SECTION .0600 - MONITORING: RECORDKEEPING: 
REPORTING 

.0601 PURPOSE AND SCOPE 

(a) The purpose of this Section is to set forth the requirement 
of the Commission r e lating to for monitoring air pollutioi 
emissions and filing reports covering their discharge into th( 
outdoor atmosphere of the state. 

(b) This Section shall apply to all persons subject to th( 
provisions of 15A NCAC 2Q. this Subchapter or Subchapter 2^ 
of this Chapter. 

(c) Monitoring Monitoring, recordkeeping, and reporting ma' 
also be required b\ other rules including .0524. .0536. .1 1 10, o 
.1111 of this Subchapter. 

Aiiihorin-G.S. l43-215.3(a)(ll: 143-215.65: 143-215.66: 143 
21 5.1(r (a)(4). 



1987 



NORTH CAROLINA REGISTER 



Mav 15, 1998 



12:2. 



PROPOSED RULES 



.0602 DEFINITIONS 

Tho following d e finitions of terms apply throughout this 
Section: 

{^ "Fo s sil fliol fir e d st e am g e n e rator" m e an s a furnac e or 

boiler used in th e proc ess of burning fos s il fu e l for 

the primar>' purpose of producing st e am by h e at 

transf e r. 
(3) "Capacity' factor" m e ans th e ratio of th e av e rag e load 

on a machin e or e quipm e nt for th e s am e p e riod of 

t ime consid e r e d to th e capacity rating of the machine 

or equipm e nt. 

"Exc e ss e mi ss ions" m e ans e missions of an air 



m- 



pollutant in excess of an e mission standard. 



(4) "Emi s sion standard" m e ans a r e gulation (or portion 

thereof) s e tting forth an allowabl e rat e of e missions, 
level of opacity, or pr e scribing e quipm e nt or fu e l 
specifications that r e sult in control of air pollution 
e missions. 

f§^ "Sulfuric acid plant" m e ans any facility producing 

sulfuric acid by th e contact proc ess by burning 
e l e m e ntal sulfur, allcylation acid, hydrog e n s ulfid e , or 
acid sludg e , but do es not includ e faciliti e s wh e r e 
conv e rsion to sulfuric acid is utiliz e d primarily as a 
m e ans of pr e v e nting e mi s sions to th e atmosph e r e of 
s ulfur dioxid e or oth e r sulfur compounds. 

(#) "Nitric acid plant" m e ans any facility producing nitric 

acid 30 to 70 p e rc e nt in str e ngth by e ith e r th e pr e s s ur e 
or atmosph e ric pr e s s ur e proc es s. 

f?^ "Distillat e oil s " m e an s thos e liquid fraction s of 

p e trol e um which ar e normally d e riv e d by vaporization 
afid — cond e nsation of p e trol e um r e maining aft e r 
gasolin e and fractions mor e volatil e than gasolin e 
hav e b ee n r e mov e d. 

(*) "R e sidual oils" m e ans thos e liquid or s e mi liquid 

fractions of p e trol e um r e maining after distillate oils 
and fractions mor e volatil e than distillat e oils have 
b ee n r e mov e d. 
For the purpose of this Section, the following definitions 
apply: 

(1) "Applicable requirement" means any rule, standard, or 
requirement of this Subchapter. Subchapter 2Q of this 
Chapter, or Article 2 1 of the North Carolina General 
Statutes. 

(2) "Calender quarter" means: 

(a) the time period from Januan,' 1 through March 
IL 

(b) the time period fi^om April 1 through June 30: 

(c) the time period from July 1 through September 
30; or 

(d) the time period from October 1 through 
December 3 1 . 

(3) "Capacity factor" means the ratio of the average load 
on a machine or equipment for the time period 
considered to the capaciU' rating of the machine or 
equipment. 

(4) "Distillate oils" means fuel oil, including recycled oil. 



that complies with the specifications for fuel oil 
numbers 1 or 2, as defined by the American Society 
for Testing and Materials in ASTM D-396, "Standard 
Specification for Fuel Oils". 

(5) "Emission standard" means a rule setting forth an 
allowable rate of emissions, level of opacity, or 
prescribing equipment, fiiel specifications, workplace 
standards, or material usage that result in control of 
air pollution emissions; 

(6) "Excess emissions" means emissions of an air 
pollutant in excess of an emission standard. 

(7) "Fossil fijel-fired steam generator" means a fijmace or 
boiler used in the process of burning fossil fiiel for the 
primary purpose of producing steam by heat transfer. 

(8) "Nitric acid plant" means any facility producing nitric 
acid 30 to 70 percent in strength by either the pressure 
or atmospheric pressure process. 

(9) "Permit condition" means: 

(a) a condition set to comply with or to avoid any 
applicable requirement: or 

(b) a condition set to maintain compliance with 
toxic air pollutant acceptable ambient levels or 
ambient air quality standards. 

(10) "Petroleum refinery" means any facility engaged in 
producing gasoline, kerosine, distillate oils, residual 
oils, lubricants, or other products through the 
distillation of petroleum, or through the redistillation, 
cracking, or reforming of unfinished petroleum 
derivatives. 

(11) "Residual oils" means crude oil, fuel oil that does not 
comply with the specifications under the definition of 
distillate oil, or aU fuel oil numbers 4, 5^ and 6^ as 
defined by the American Society for Testing and 
Materials in ASTM D-396, "Standard Specification 
for Fuel Oils". 

(12) "Sulfuric acid plant" means any facility producing 
sulfuric acid by the contact process by burning 
elemental sulflir, alkylation acid, hydrogen sulfide, or 
acid sludge, but does not include facilities where 
conversion to sulfuric acid is utilized primarily as a 
means of preventing emissions to the atmosphere of 
sulfur dioxide or other sulfur compounds. 



Authority' G.S. 143-2 15.3(a)(1): 143-215.65: 143-215.66: 
215.10^(a)l4). 



143- 



.0604 EXCEPTIONS TO MONITORING AND 
REPORTING REQUIREMENTS 

(a) Unless a specific rule specifies otherwise, the owner or 
operator of a source shall not be required to monitor during a 
period of monitoring system malfunction or report emissions 
during a period of monitoring system malfunction if the owner 
or operator of the source shows, to the satisfaction of the 
Director, that the malfunction was unavoidable, is being repaired 
as expeditiously as practicable, and no applicable requirements 
are violated. The owner or operator of the source shall provide 



12:22 



NORTH CAROLINA REGISTER 



May 15, 1998 



1988 



PROPOSED RULES 



the Director documentation of continuous monitoring system 
performance when system repairs or adjustments haye been 
made if the Director requests proof Malfunctions of the 
monitoring system that result from inadequate or poor operation 
and maintenance practices shall not be exempted. 

(b) The owner or operator of a source that operates less than 
30 days per 12-month period shall not be required to monitor 
emissions from that source. However, the owner or operator 
shall maintain records to document that the source is operated 
less than 30 days per 12-month period. 

(c) The owner or operator of a source exempted from needing 
a permit by ISA NCAC 20 .0102 shall not be required to 
monitor emissions from that source unless: 

( 1 ) required by a specific rule of this Subchapter or 
Subchapter 20 of this Chap ter, or 

(2) required a part of an enforcement settlement. 
However, the owner or operator shall maintain records to 
document that the source qualifies for the permit exemption. 

(a) Sourc e s cov e r e d by R e gulations .052 4 and .0525 of th i s 
Subchapt e r ar e e x e mpt from this R e gu l ation. Pur s uant to 1 50B 
1 4 (c) to include any la te r amendments, th e fol l owing sourc e s, 
which are included in Paragraph 1.1 of App e ndix P of lOCFR 
Part 5 1 : 

f4-) fossil fu e l tir e d st e am g e n e rator s , 

(3-) nitric acid plants. 

(5-) sulfuric acid plants, and 

(4) p e trol e um r e fin e ri e s. 

shall b e monitored as described in Paragraphs 2 and 3.1.1 
through 3.1.5 of App e ndix P of 10 CFR Part 51. — The 
p e rformanc e sp e cifications ar e thos e found in App e ndix B of 40 
CFR Part 60 and Paragraph s 3.2 through 3. 8 of App e ndix P of 
4 CFR Part 51. — Th e e xc e ss emissions shall b e r e port e d 
qua rt e rK to the comm is sion in th e mann e r d es crib e d in 
Paragraph s I and 5.1 through 5.3.3 of App e ndix P of 40 CFR 
Part 51 e xc e pt as oth e rwi se provid e d in this S e ction. — The 
minimum r e quir e m e nts d es crib e d in th e r e f e r e nc e d portion s of 
App e ndix P of 10 CFR Part 51 are h e rebv adopt e d as th e 
r e quir e m e nts to b e used und e r this R e gulation. Wh e r e v e r th e 
languag e of th e r e f e r e nc e d portion of App e ndix P of 40 CFR 
Part 51 sp e aks of th e " s tat e " or "stat e plan", th e r e quir e m e nt s 
d e scrib e d — th e r e in shall appK to thos e sourc e s to which th e y 
p e rtain. 

(b> Wh e n e fflu e nts from two or mor e affect e d faciliti e s of 
similar d e sign and op e rating charact e ri s tic s ar e combin e d b e for e 
b e ing r e l e as e d to th e atmosph e r e , th e monitoring syst e m may b e 
install e d on th e combin e d e fflu e nt. 

(c) A six minut e tim e p e riod shall bo d e emed appropriate as 
a n a l t e rnativ e opacity averaging tim e p e riod as d es crib e d in 
Paragraph 1.2 of Appendix P of 10 CFR Part 51. 

(d) Data reporting or r e duction proc e dur e s varv ing from thos e 
pr es crib e d by this R e gulation may b e us e d if th e own e r or 
op e rator of a s ourc e shows to th e satisfaction of th e dir e ctor that 
th e alt e rnat e proc e dur e s ar e at l e ast as accurate aa those in th e 
R e gulation. 

( e ) Alt e rnativ e monitoring and r e porting r e quir e m e nts may b e 
approv e d, on a cas e by case basis, by th e dir e ctor through th e 
followin g proc e dur e : 



f4-) Th e own e r or op e rator of a source may apply in 

writing to th e dir e ctor for approval of alt e rnativ e 

monitoring — and — r e porting — r e quir e m e nts. The 

application shall includ e : 

{A) — th e basis or r e ason that alt e rnativ e monitoring 
and r e porting r e quir e m e nt s ar e mor e desirable 
than thos e pr es crib e d by this R e gulation. 

(&) a proposal of alt e rnativ e monitoring and 

r e porting r e quir e m e nt s . 

{G) any oth e r information that th e source own e r or 

operator f ee ls would b e h e lpful to th e dir e ctor 
in his e valuation of th e application. 
{i) Exampl e s of situation s wh e r e alternative monitoring 

and r e porting requirements may be approv e d includ e , 

but ar e not limited to. th e following: 

fA-) — wh e n in s tallation of a continuous monitoring 
s yst e m or d e vic e pr e scrib e d by this R e gulation 
would not provid e accurat e d e t e rminations of 
e mis s ions: 

(&) — wh e n th e aff e ct e d facilit>' is op e rat e d on l ess 
than 30 days p e r year: 

fC4 wh e n e fflu e nts from two or mor e faciliti e s of 

significantly diff e r e nt d es ign and op e rating 
charact e ristic s ar e combin e d b e fore r e lease to 
th e atmosph e re or when the e fflu e nt is r e l e as e d 
to th e atmosph e r e through mor e than on e point: 

fD^ — wh e n — the — dir e ctor — d e t e rmin e s — that — the 
r e quir e m e nts pr e scrib e d by this R e gulation 
would impos e an e xtrem e economic burd e n on 
the — sourc e — own e r — er — op e rator: — The 
d e t e rmination of an extr e m e e conomic burd e n 
shall b e mad e on th e ba s is of wh e th e r m ee ting 
th e r e quir e m e nt s pr e scrib e d by thi s R e gulation 
would produc e s e rious hardship without e qual 
or gr e at e r b e n e fit to th e public: 

(T^ wh e n th e monitoring syst e ms pr e scrib e d by this 

R e gulation cannot b e installed due to physical 
limitations at th e facility': Th e d e t e nnination of 
such limitations shall b e mad e on th e basis of 
wh e th e r m ee ting th e r e quir e m e nts pr e scrib e d 
fey — thts — R e gulation — would — n e cessitat e 
significant r e construction of th e facilits: 
(3-) Th e dir e ctor ma> r e quir e th e submission of additional 

information as h e consid e rs appropriat e to e valuat e 

th e application. 
(4-) Upon making a d e t e rmination that th e source should 

b e subject to alt e rnativ e monitoring and r e porting 

r e quirem e nts, th e dir e ctor mav approv e e ith e r th e 

propos e d — alt e rnativ e — monitoring — and — r e porting 

r e quir e m e nts or any oth e r monitoring and r e porting 

r e quir e m e nt s — that — he — consid e rs — appropriat e and 

f e asibl e . 



Aulhohn- G.S. 143-215. Slaldj: 143-215.65: 143-215.66:143- 
215.1(r(u)(4). 



.0605 



GENERAL RECORDKEEPING AND 



1989 



NORTH CAROLINA REGISTER 



May 15, 1998 



12:22 



PROPOSED RULES 



t2J 
01 



REPORTING REQUIREMENTS 

(a) TTie owner or operator of a source subject to a requirement 
of this Subchapter or Subchapter 20 of this Chapter shall 
maintain: 

(1) records detailing all malfunctions under Rule .0535 of 
this Subchapter. 

(2) records of al] testing conducted under rules jn this 
Subchapter, 

(3) records of all monitoring conducted under rules in this 
Subchapter and Subchapter 2Q of this Chapter, 

(4) records detailing activities relating to any compliance 
schedule in this Subchapter, and 

(5) for unpermitted sources, records necessar\ to 
determine compliance with rules in this Subchapter or 
Subchapter 2Q of this Chapter. 

{b} The Director shall specifV in the source's permit: 
(1) the type of monitoring required and the frequency of 
the monitoring. 

the type of records to be maintained, and 
the type of reports to be submitted and the frequency 
of submitting these reports, as necessary to determine 
compliance with rules in this Subchapter or 
Subchapter 20 of this Chapter or with an emission 
standard or permit condition. 

(c) When requested by the Director, the owner or operator of 
any source subject to the requirements of this Subchapter or 
Subchapter 20 of this Chapter shall submit to the Director any 
information necessary to determine the compliance status of the 
source. 

(d) The owner or operator of a source of excess emissions 
which last for more than four hours and which results from a 
malfunction, a breakdown of process or control equipment, or 
any other abnormal conditions shall report excess emissions in 
accordance with the requirements of Rule .0535 of this 
Subchapter. 

(e) Copies of all records and reports generated in response to 
the requirements of this Section shall be retained by the owner 
or operator for a period of two years after the date on which the 
record was made or the report submitted, except that the Director 
may extend the retention period in particular instances when 
necessary to comply with other State or federal requirements or 
when compliance with a particular standard requires 
documentation for more than two years. 

(f) All records and reports generated in response to the 
requirements of this Section shall be made available to personnel 
of the Division for inspection. 

(g) The owner or operator of a source subject to the 
requirements of this Section shall comply with the requirements 
of this Section at his own cost. 



g e n e rator unit discharging to th e stack e xc ee ds 250 million BTU 
p e r hour and th e annual average capacity' factor is gr e at e r than 
30 p e rc e nt as d e mon s trat e d to th e dir e ctor by th e owner or 



(a) A photo e l e ctric or other t>'po visibl e e mis s ion s d e t e ctor 
and record e r shall b e installed, calibrated, maintain e d, and 
op e rat e d on all stacks discharging th e flu e gas es from on e or 
mor e st e am g e n e rator units wh e n the h e at input from wood fu e ls 
(or wh e n the sum of th e h e at inputs from wood fu e ls and liquid 
or s olid fossil fuels for g e n e rators not cover e d by Regulation 
.052 4 or — .060'1 of thi s Subchapt e r) to any individual steam 



operator. 

(b) Th e vi s ibl e e missions d e t e ctor instrumentation shall be 
z e ro e d and calibrat e d as r e comm e nd e d by th e manufacturer. 

(c) The r e cord of those mea s urements shall b e summariz e d. 
Th e summary' shall show th e dat e and duration of any violation s 
of th e applicabl e vi s ibl e e mission r e gulations. The summary 
shall b e submitt e d to th e commission at quart e rly int e rvals. The 
r e cord e r charts from which th e summary is pr e par e d shall b e 
r e tain e d for at l e ast one y e ar and mad e availabl e for in s p e ction 
by p e rsonn e l of th e division of e nvironmental manag e m e nt. 

(d) For e xc e ss e missions not r e port e d und e r any other rules 
of this Subchapt e r or Subchapt e r 2Q of this Chapt e r, th e own e r 
or op e rator s hall r e port e xc e ss e mi s sion s from a sourc e subj e ct 
to th e r e quir e m e nts of this Subchapt e r or Subchapt e r 20 of this 
Chapt e r. Th e own e r or op e rator shall r e port within 30 days aft e r 
th e e nd of the calender quart e r to th e Division. Th e r e port s hall 
contain th e following information: 

{V) — th e nam e and location of th e facility; 

(3^ — th e sourc e that cau se d th e e xc e s s e missions; 

{¥) — th e tim e and dat e th e e xc es s e mission s w e r e 

discovered; 
{4) — th e cau se and duration of the excess emissions; 
(5) — th e e stimat e d rat e of omissions and the data and 

calculations u se d to d e t e rmine the magnitude of th e 

e xc e s s e mi s sion s ; and 
{%) — th e corr e ctiv e actions and schedul e proposed to 

corr e ct th e conditions cau s ing th e e xc e ss omissions. 

Authority G.S. 143-215. 3(a)(1): 143-215-65: 143-215.66: 143- 
215.W^8(al(4). 



.0606 SOURCES COVERED BY APPENDIX P OF 
40 CFR PART 51 

(a) The following sources shall be monitored as described in 
Paragraph 2 of Appendix P of 40 CFR Part 51 : 

(1) fossil fuel-fired steam generators. 

(2) nitric acid plants. 

(3) sulfuric acid plants, and 

(4) petroleum refineries. 

Sources covered by Rule .0524 of this Subchapter are exempt 
from this Rule. 

(b) The monitoring systems required under Paragraph (a) of 
this Rule shall meet the minimum specifications described in 
Paragraphs 3.3 through 3.8 of Appendix P of 40 CFR Part 51. 

(c) The excess emissions recorded by the monitoring systems 
required to be installed under this Rule shall be reported no later 
than 30 days after the end of the quarter to the Division in the 
manner described in Paragraphs 4 and 5.1 through 5.3.3 of 
Appendix P of 40 CFR Part 51 except that a six-minute time 
period shall be deemed as an appropriate alternative opacity 
averaging period as described in Paragraph 4.2 of Appendix P of 
40 CFR Part 51. The owner or operators of an\ sources subject 
to this Rule that are required to monitor emissions of sulfur 



12:22 



NORTH CAROLINA REGISTER 



Mav 15, 1998 



1990 



PROPOSED RULES 



dioxide or nitrogen oxides under an\' other state or federal rule 
with continuous emission monitoring systems shall monitor 
compliance with the sulfur dioxide emission standard in Rule 
.0516 of this Subchapter and the nitrogen oxide emission 
standard in Rule .0519 or Section .1400 of this Subchapter with 
a continuous emission monitoring system. Sulfur dioxide and 
nitrogen oxide emissions shall be determined by averaging 
hourK continuous emission monitoring system values over a 24- 
hour block period beginning at midnight. Only actual hours of 
operation for which there are valid measurements shall be used 
to compute the average and average emissions must be 
calculated for any 24-hour block period if tlie boiler is operated 
for at least one hour. A minimum of four data points, equally 
spaced, is required to determine a valid hour value. 

(d) For emissions of sulfur dioxide, fuel analysis mav be used 
in place of a continuous emissions monitoring system if the 
source is not required to monitor emissions of sulfur dioxide 
using a continuous emissions monitoring system under another 
state or federal rule. If fuel analysis is used as an alternative 
method to determine emissions of sulfur dioxide, the test 
methods described in Parts (c)(4)(A) and (Bj of Rule .0501 of 
this Subchapter shall be used except that gross or composite 
samples, gross caloric value, moisture content, and sulfur 
content shall be determined daiK. The daih sulfur dioxide 
emission rate shall also be determined using fuel analysis data. 
No sulfur retention credit shall be granted and used for 
computing sulfur dioxide emission rates unless a source, on a 
case-b\-case basis, quantitatively and empirically demonstrates 
that a sulfur retention of greater than U) percent actually occurs 
in the boiler. 

(e) Wherever the language of tfie referenced portion of 
Appendix P of 40 CFR Part 51 speaks of thie "state" or "state 
plan", the requirements described therein shall apply to those 
sources to yshich the requirements pertain. 

£f) The oyyner or operator of the source shall conduct a daily 
zero and span check of tlie continuous opacit\ monitoring 
sy stem following the manufacturer's recommendations and shall 
comply yvith the requirements of Rule .0613 of this Section. 

(g) The oyyner or operator of the source shall report to the 
Director no later than 30 days folloyving the end of the quarter 
the following information: 



ill 



for fuej a nalysis: 



m 

i£l 



the daily quantity and tvpe of fuels burned. 

the daily BTU value. 

the daily sulfur content tn percent by weight. 

and 

the daily calculated sulfur dioxide emission 



rates expressed in the 
applicable standard. 



same units as the 



(2) for continuous monitoring of emissions: 

(A) the total calculated sulfur dioxide and nitrogen 
oxide emission rates expressed in the same 
units as the applicable standard, and 

(B) other information required under Appendix P 
of 40 CFR Part 51. 

Th e oysn e r or op e rator of any fu e l burning unit shall 



f+^ bums coal or r e sidual oik 



Of- 



(4f- 



-ti 



not r e quir e d to monitor sulfur dioxide omissions by 



Regulation s .052 4 or .060 1 of this Subchapt e r. 



{i) has a total h e at input of mor e than 250 million BTU 



p e r hour from coal and r e sidual oik and 



(af 



d e t e rmin e sulfur dioxide emissions into th e ambi e nt air if th e 



r e quir e d to b e monitor e d based on its annual 
av e rag e capacity factor as d e termin e d from th e thr ee 
most r e cent calendar year reports to the Federal Pow e r 
Commis s ion or a s oth e rwis e d e monstrat e d to th e 
dir e ctor by th e own e r or operator, as follow s : 
fA^ — If th e av e rag e capacity factor of th e unit for 
19 8 0. 19 8 1. and 1982 e xc ee ds 30 p e rc e nt, th e 
unit shall b e monitor e d. 

f&^ If th e av e rag e capacity factor of th e unit for 

19 8 0. 1981. and 1982 do e s not exceed 30 
p e rc e nt, th e unit n ee d not be monitor e d. 

fC^ If the unit has not be e n in exist e nc e for thr ee 

cal e ndar y e ars or if th e unit is construct e d aft e r 
19 8 2. its thr ee cal e ndar y e ar av e rag e capacity' 
factor shall b e d e t e rmin e d by e stimating its 
annual capacity factors for e nough futur e y e ar s 
to allow a three cal e ndar y e ar av e rag e capacity 
factor to b e comput e d. If this thr ee cal e ndar 
year — av e rag e — capacity — factor — e xc ee ds — 30 
p e rc e nt, the unit shall b e monitor e d. — If this 
thr ee cal e ndar y e ar av e rag e capacity factor 
do e s not e xc ee d 30 p e rc e nt, th e unit n ee d not 
b e monitor e d. 
fE>) — Onc e th e unit is b e ing monitor e d in accordanc e 
with Subparagraphs (a)(4)(A). (C). or (E) of 
this — R e gulation. — it — shaH — continu e — te — be 
monitored until its most r e cent thr ee cal e ndar 
y e ar av e rag e capacity factor does not exc e ed 
25 p e rc e nt. 

fE^ Onc e th e unit i s not b e ing monitor e d in 

accordanc e with Subparagraphs (a)('l)(B). (C). 
or (D) of this R e gulation, it need not b e 
monitor e d until its most r e c e nt thr ee cal e ndar 
year — av e rag e capacity factor e xc ee ds 35 
p e rc e nt. If units r e quir e d to be monitor e d hav e 
a common e xhau s t or if unit s r e quir e d to b e 
monitor e d hav e a common e xhaust \\\x\\ units 
not required to b e monitor e d, th e n th e common 
e xhau s t may be monitor e d, and th e e missions 
n ee d not b e apportion e d among th e units vv ith 
th e common e xhaust. 

(b) Sulfur dioxide emissions shall b e d e t e rmin e d by-: 

f4-) an — in s trum e nt — for continuously monitoring and 

r e cording sulfur dioxide emi s sions, or 

(3-) analys e s of r e pr e sentative sampl e s of fu e ls to 

det e rmin e BTU valu e and percent sulfur cont e nt, or 

(^-) such oth e r proc e dur e s as may be approv e d by th e 

dir e ctor or hi s d e l e gat e . 

(c) Th e continuous monitoring of sulfur dioxid e e missions 
and th e d e t e rmination of th e s ulfur cont e nt of fuels shall b e 
conduct e d in accordanc e ysith proc e dur e s approved by th e 



1991 



NORTH CAROLINA REGISTER 



Mav 15, 1998 



12:22 



PROPOSED RULES 



dir e ctor or his del e gat e . 

{4) — The data to bo report e d quart e rly to th e dir e ctor s hall 
includ e in thos e cas e s wh e r e sulfur dioxid e e missions are e xcess 
e mission s : 

f4^ for fuel analysis: 

(A) — th e quantity and typ e of fu e ls burn e d, 
^ — th e BTU valu e . 



{€^ — th e sulfur content in p e rc e nt by w e ight, and 

(D) the total calculat e d s ulfur dioxid e e mi s sions. 

(3) for continuous monitoring of e mi s sions: 

{A) — th e e mi s sion rat e e xpr e ss e d in th e sam e units 

a s th e applicable standard, 
(B) — the maximum instantan e ous rat e , and 
{G^ — the total sulfur dioxid e e mi ss ion s . 
R e cord e r charts fi'om continuou s monitoring instrum e nt s shall b e 
r e tain e d by th e company for at l e ast on e y e ar and mad e availabl e 
for insp e ction by p e rsonnel of th e division of e nvironm e ntal 
manag e m e nt. 

Authority G.S. 143-21 5.3(a)(1): 143-215.65; 143-215.66: 143- 

215.107(a)(4). 



.0607 LARGE WOOD AND WOOD-FOSSIL 
FUEL COMBINATION UNITS 

(a) This Rule applies to wood-fired steam generator units with 
a heat input fi'om wood fuels (or the sum of the heat inputs from 
wood fuels and liquid or solid fossil fuels for generators not 
covered by Rule .0524 or .0606 of this Subchapter) that exceeds 
250 million BTU per hour and with an annual average capacity 
factor greater than 30 percent as demonstrated to the Director by 
the owner or operator of the source. 

(b) The owner or operator of a wood-fired steam generator 
unit covered under this Rule shall install, calibrate, maintain, and 



operate, as specified in 40 
Performance Specification _L 



CFR Part 60 Appendix B 
opacity continuous emission 



monitoring systems on all stacks discharging the flue gases from 
one or more steam generator units covered under this Rule. 

(c) The owner or operator of the source shall conduct a daily 
zero and span check of the opacity continuous emission 
monitoring system following the manufacturer's 
recommendations and shall comply with the requirements of 
Rule .0613 of this Section. 

(ft) — Th e following exceptions apply to R e gulations .060 4 , 
.0605 and .0606 of this Section: 

(4) A source not subj e ct to an e mi s sion standard of 

S e ction .0500 of thi s Subchapt e r shall not b e r e quir e d 
to be monitored or r e port e d und e r this S e ction. 

(3) Monitoring — and — r e porting — during — a — p e riod — ef 

monitoring system malfunction shal l not b e r e quir e d 
und e r this S e ction, if the own e r or op e rator of th e 
s ourc e shows, to the satisfaction of th e dir e ctor, that 
th e malfunction was unavoidabl e and is b e ing r e pair e d 
as e xp e ditiously as practicable. 

{^ Proof of continuous monitoring s yst e m p e rformanc e 

shall b e provid e d on r e quest of the dir e ctor wh e n 
system r e pair s or adjustm e nts hav e been made. 



(b) Sourc es oth e rwis e r e quir e d to b e monitor e d and reported 
und e r R e gulation .0605 or .0606 of this Section shall not be 
r e quir e d to b e monitor e d or r e port e d und e r this S e ction if the 
source is op e rated less than 30 days p e r y e ar. 

Authority G.S. 143-21 5.3(a)(1): 143-215.65; 143-215.66: 143- 
215.107(a)(5). 

.0608 OTHER LARGE COAL OR RESIDUAL 
OIL BURNERS 

(a) The owner or operator of any fuel burning unit shall 
determine sulfur dioxide emissions into the ambient air if the 
unit: 



(1) bums coal or residual oil; 

(2) is not required to monitor sulfijr dioxide emissions by 
Rules .0524 or .0606 of this Subchapter. 

(3) has a total heat input of more than 250 million BTU 
per hour from coal and residual oil: and 

(4) has an annual average capacity factor greater than 30 
percent as determined from the three most recent 
calendar year reports to the Federal Power 
Commission or as otherwise demonstrated to the 
Director by the owner or operator. (If the unit has not 
been in existence for three calendar years, its three- 
calendar-year average capacity factor shall be 
determined by estimating its annual capacity factors 
for enough future years to allow a three-calendar-year 
average capacity factor to be computed. If this three- 
calendar-year average capacity factor exceeds 30 
percent, the unit shall be monitored, if this three- 
calendar-year average capacity factor does not exceed 
30 percent, the unit need not be monitored.) 

(b) Once the unit is being monitored jn accordance with 
Paragraph (a) of this Rule, it shall continue to be monitored until 
its most recent three-calendar-year average capacity factor does 
not exceed 25 percent. Once the unit is not being monitored in 
accordance with Subparagraph (a) of this Rule, it need not be 
monitored until its most recent three-calendar-year average 
capacity factor exceeds 35 percent. 

(c) If units required to be monitored have a common exhaust 
or if units required to be monitored have a common exhaust with 
units not required to be monitored, then the common exhaust 
may be monitored, and the sulfur dioxide emissions need not be 
apportioned among the units with the common exhaust. 

(d) The owner or operator of the source shall determine sulfur 
dioxide emissions by: 

(1) an instrument for continuous monitoring and 
recording of sulfur dioxide emissions, or 

(2) analyses of representative samples of fuels to 
determine BTU value and percent sulfur content. 

(e) The owner or operators of any sources subject to this Rule 
that are required to monitor emissions of sulfur dioxide under 
any other state or federal rule with continuous emission 
monitoring systems shall monitor compliance with the sulfur 
dioxide emission standard in Rule .0516 of this Subchapter with 
a continuous emission monitoring system. Sulfur dioxide 



12:22 



NORTH CAROLINA REGISTER 



May 15, 1998 



1992 



PROPOSED RULES 



or .0606 of this S e ction. — How e v e r, r e asonabl e e xt e nsions of 
those deadlines mav b e grant e d as d e scribed in 10 CFR 



emissions shall be determine d by averaging hourly continuous 

emission monitoring ssstem \alues o\ er a 24-hour block period 

beginning at midnight. Onl\ actual hours of operation for which 

there are Nalid measurements shall be used to compute the 

average and average emissions must be calculated for an\ 24- sourc e is r e quir e d to monitor and r e port its e missions und e r th e 

hour block period if the boiler is operated for at least one hour. 

A minimum of four data points. equalK spaced, is required to 

determine a valid hour value. 



5 1 . 1 8( e )(5 ) and Paragraph 1 .3 of App e ndi.x P of 10 CFR Part 5 1 . 
Th e monitoring program s hall r e main in e ff e ct as long as th e 



r e quir e m e nts of this S e ction, 
(b) .All p e rsons r e quir e d to r e pon e missions by R e gulation 



(f) For emissions of sulfijr dioxide, fuel analvsis mav be used 
in place of a continuous emissions monitoring SNStem if the 
source is not required to monitor emissions of sulfur dioxide 
using a continuous emissions monitoring s\ stem under another 
state or federal rule. \i fuel anahsis is used as an alternative 
method to determine emissions of sulfur dioxide, then: 

( 1) for coal, the test methods described in Rule 
.0501(c)(4)(A) of this Subchapter shall be used except 
that gross or composite samples, gross caloric \'alue. 
moisture content, and sulfur content shall be 
determined daiK. The daiK sulfur dioxide emission 
rate shall also be determined using fuel anahsis data. 
No sulfur retention credit shall be granted and used 
for computing sulfur dioxide emission rates unless a 
source, on a case-bv-case basis. quantitativeK' and 
empiricalK demonstrates that a sulfur retention of 
greater than 1 percent actualK occurs in the boiler. 

(2) for residual oil, the test methods described m Rule 
.0501(c)(4)(B) of this Subchapter shall be used except 
that sulfur content shall be determined each time 
residual oil is added to the tank suppK ing the boiler. 
Residual oil shall be collected in accordance with 
ASTM D4177orD4057. 



(g) The owner or operator of the source shall report to the 
Director no later than 30 da\s following the end of the quarter 
the follow ing information: 

( 1) for fuel anah sis: 

(A) the daiK quantin and tyqje of fuels burned. 

(B) the daiK BTU value. 

(C) the daiK sulfur content in percent b\ weight, 
and 

(D) the daiK calculated sulfur dioxide emission 
rates expressed in tlte same units as the 
applicable standard. 

(2) for continuous monitoring of emissions: 

(A) the total calculated sulfur dioxide emission 
rates expressed in tfie same units as the 
applicable standard, and 

(B) other information required under Appendix P 

of 40 CFR Em iL 

(h) The owner or operator of the source shall conduct a daiK 
zero and span check of tlte continuous emission monitoring 
SNStem following the manufacturer's recommendations and shall 
compK with the requirements of Rule .0613 of this Section. 

(a) All p e rsons r e quir e d to r e port e mi s sions h\ R e gulations 
.052 4 . . 525. .060 1. .0605 or .0606 of this Subchapt e r sha ll hav e 
in op e ration a monitoring program for e ach aff e cted sourc e upon 
b e ginning op e ration of a n e w s ourc e or within 1 8 months aft e r 
an e xisting sourc e b e com e s s ubj e ct to R e gulation .060 ) . .0605 



.0605 or .0606 of this S e ction shall submit to th e division of 
e nvironm e ntal manag e m e nt for r e vi e w and approval a program 
for compKing with — such r e quir e m e nt s . — Th e program shall 
includ e a stat e m e nt conc e rning: 

f4-) th e qualifications ofth e p e rsonn e l who will be doing 

th e sampling and sampl e anaK s is. 

(2^ th e dat e by which th e first r e port will be submitt e d. 

(3-) a d es cription of th e procedur e s and equipm e nt for 

sampling and sample analysis. 

Authority G.S. 143-215. Stall 1 1: 143-215.65: 143-215.66: 143- 
215.107fall4>. 



.0610 FEDERAL MONITORING REQUIREMENTS 

(a) The owner or operator of sources subject to monitoring, 
recordkeeping, or reporting requirements contained in: 

( 1 ) 40 CFR Part 60. New Source Performance Standards 
(NSPS): 
40 CFR Part 61. National Emission Standards for 



12J 

Hazardous Air Pollutants (NESHAP): 
(3) 40 CFR Part 63. Maximum Achievable Control 

TechnologN (MACT): and 
(4j 40 CFR Part 75. Acid Rain: 
shall compK w ith these requirements. 

(b) An air pollutant from sources covered under Paragraph (a) 
of this Rule for which monitoring is not required under 
Paragraph (a) of this Rule shall compK with the requirements 
covered in Rule .061 1 of this Section if tlie pollutant from this 
source is subject to an emission standard. 

(c) Sources that are not subject to any monitoring, 
recordkeeping, or reporting requirements contained in Paragraph 
(a) of this Rule shall compK with the requirements contained in 
Rule .061 1 of this Section. 

Th e dir e ctor i s authoriz e d to e x e rcis e all function s n e c es sarx 
to administ e r this S e ction and to d e l e gat e an> or all such 
functions, e xc e pt that he shall not d e l e gat e b e low th e l e v e l of 
r e gional s up e r\isor. Division of En\ironm e ntal Manag e m e nt. 

.Authority G.S. 143-215.3(alll I: 143-215.65: 143-215.66: 143- 
215.10'la)i4). 

.0611 MONITORING EMISSIONS FROM 
OTHER SOURCES 

(a) This Rule applies to sources or air pollutants, including 
toxic air pollutants, from sources that are not covered under Rule 
.0606. .0607. .0608. or .0610 of this Section. a 

(b) If the Director determines that monitoring instruments are \ 
necessar> to demonstrate compliance with rules in tliis ; 
Subchapter or Subchapter 20 of frns Chapter or with an 



1993 



NORTH CAROLINA REGISTER 



Mav 15, 1998 



12:22 



PROPOSED RULES 



emission standard or permit condition, the owner or operator of 
a source shall: 

(1) install, calibrate, operate, and maintain, in accordance 
with applicable performance specifications in 40 CFR 
Part 60 Appendix B. process and control equipment 
monitoring instruments or procedures as necessary to 
demonstrate compliance with the emission standards 
of this Subchapter and Subchapter 2Q of this Chapter; 

(2) comply with the requirements of Rule .0613 of this 
Section; and 

(3) maintain, in writing, data and reports of any 
monitoring instruments or procedures necessary to 
comply with Subparagraph ( 1 ) of this Paragraph that 
will document the compliance status of the sources or 
control equipment. 

(c) If the Director determines that monitoring instruments are 
necessary to demonstrate good operation and maintenance, the 
owner or operator of a source shall: 

(1) install, calibrate, operate, and maintain, in accordance 
with applicable performance specifications in 40 CFR 
Part 60 Appendix B. process and control equipment 
monitoring instruments or procedures as necessary to 
demonstrate good operation and maintenance; 

(2) comply with the requirements of Rule .0613 of this 
Section unless the Director finds that compliance with 
the quality assurance provisions of 40 CFR Part 51. 
Appendix P. or 40 CFR 60. 1 3 are adequate to assure 
the quality of the data; and 

(3) maintain, in writing, data and reports of any 
monitoring instruments or procedures necessary to 
comply with Subparagraph (1) of this Paragraph that 
will document that good operation and maintenance is 
being achieved. 

(d) If the Director determines that monitoring instruments are 
not necessary to demonstrate compliance with rules jn this 
Subchapter or Subchapter 2Q of this Chapter or with an 
emission standard or permit condition, the owner or operator of 
a source shall maintain records of production rates, throughputs, 
material usage, and other process operational information as is 
necessary to determine compliance with the facility's permit and 
all applicable requirements. 

Authority G.S. 143-21 5.3(a)(1); 143-215.65; 143-215.66; 143- 
215.107(a)(4). 

.0612 ALTERNATIVE MONITORING AND 
REPORTING PROCEDURES 

(a) With the exceptions in Paragraph (b) of this Rule, the 
owner or operator of a source may petition the Director to allow 
monitoring or data reporting procedures varying from those 
prescribed by a rule of Subchapter 2D or 2(2 of this Chapter. 
When petitioning for alternative monitoring or data reporting 
procedures, the owner or operator shall follow the procedures of 
Paragraph (c) of this Rule. 

(b) This Rule does not apply to monitoring or reporting 
requirements of 40 CFR Part 60. 61. 63. or 75. 



(c) When petitioning for alternative monitoring or data 
reporting procedures, the owner or operator of the source shall 
submit a written petition to the Director that shall include: 

(1) the name and address of the company and the name 
and telephone number of a principal executive officer 
specified in 15A NCAC 20 .0304(i) or responsible 
official specified in 1 5 A NCAC 20 .0520 over whose 
signature the petition is submitted; 

(2) a description of the sources at the facility to which the 
petition applies; 

(3) identification of the rule or rules for which the 
alternative is sought; 

(4) the basis or reason that alternative monitoring and 
reporting procedure is more desirable than those 
prescribed by the rule; 

(5) a proposal of alternative monitoring and reporting 
procedure; 

(6) a demonstration that the alternative procedure is at 
least as accurate as that prescribed by the rule; 

(7) a showing that one or more of the following 
conditions exist: 

(A) a continuous monitoring system or other device 
prescribed by the rule would not provide 
accurate determinations of emissions; 
the emissions from two or more sources of 
significantly different design and operating 
characteristics are combined before release to 
the atmosphere or the emissions are released to 
the atmosphere through more than one point; 
the requirements prescribed by the rule would 
impose an extreme economic burden on the 
source owner or operator (The determination of 
an extreme economic burden shall be made on 
the basis of whether meeting the requirements 
prescribed by the rule would produce serious 
hardship without equal or greater benefit to the 
public); 

the monitoring systems prescribed by the rule 
cannot be installed because of physical 
limitations at the facility (The determination of 
such limitations shall be made on the basis of 
whether meeting the requirements prescribed 
by this Rule would necessitate significant 
reconstruction of the facility); or 
the alternative monitoring or reporting 



(B) the 



££} 



ID] 



m 



procedure is more accurate and precise than 

that prescribed by the rule; 
(8) any other information that the petitioner believes 
would be helpful to tjie Director in evaluating the 
application. 

(d) The Director may require the petitioner to submit other 
information that the Director considers necessary to evaluate the 
proposed monitoring or reporting procedures. 

(e) The Director shall approve the petition for alternative 
monitoring and reporting procedures if: 

(1 ) The petition is submitted in accordance with this Rule 



12:22 



NORTH CAROLINA REGISTER 



May 15, 1998 



1994 



PROPOSED RULES 



and contains all the information required b\ Paragraph 
(c) of this Rule: 

(2) The Director finds the petition satisfies the showing 
required by Subparagraph (c)(7) of this Rule; 

(3) The Director finds that the proposed altemati\e 
monitoring or data reporting procedures are at least as 
accurate and precise as those prescribed b\ the rule- 
permit condition or enforcement settlement: and 

(4) The facility is in compliance \s ith. or under a schedule 
for compliance with, all applicable air guaHty rules. 

(f) When monitoring or reporting requirements differ from 
those specified in the appropriate rule jn this Subchapter or 
Subchapter 20 of this Chapter are approved b> the Director, the 
permit shall contain a condition stating such monitoring or 
reporting requirements. 

AuthorinG.S. 143-:i5.3lallli: 143-215.65: 143-215.66: 143- 
215.W(ai(4). 

.0613 QUALITY ASSURANCE PROGRAM 

(a) An\ person required to operate a monitoring de\ ice b\ 
this Subchapter or Subchapter 2Q of this Chapter shall de\elop 
and implement a qualit\ assurance program for the monitoring 
device, 

(b) The Director shall require the owner or operator of a 
facility required to operate a monitoring de\ice by this 
Subchapter or Subchapter 2Q of this Chapter to submit a quality 
assurance program if: 

(1) The maximum actual emission rate is more than 75 
percent of the applicable emission standard: 

(2) The facility has \iolated an emission standard or a 
permit condition: or 

(3) The facility has failed to obtain quality assured data. 
The quality assurance program shall be submitted to the Director 
\yithin 60 davs upon receipt of request. 

(c) Except for gaseous continuous emission monitoring 
systems, the quality assurance program required by Paragraph 
(a) or (bj of this Rule shall include, if applicable: 

( 1) procedures and frequencies for calibration, 
standards traceability. 



i21 

14] 

lii 

m 



operational checks. 
maintenance. 



auditing. 

data \alidation. and 

a schedule for implementing the quality assurance 

program. 
Continuous opacity monitoring systems may satisfy the 
requirements of Paragraph (a) of this Rule by complying y\ith 40 
CFR Part 51. Method 203. Excep t for opacity monitors and 
gaseous continuous emission monitoring systems, a 
manufacturer's recommended quality assurance procedure may 
be used as a quality assurance program if it pro\ides an adequate 
quality assurance program. 

(d) Owner or operators that operate continuous emission 
monitoring systems for a gaseous pollutant may satisfy the 
requirements of Paragraph [aj or [b] of this Rule by deyeloping 
and implementing a written quality assurance program 



containing information required bv 40 CFR Part 60. Appendix 
F. Section 3. Quality Assurance Procedures. 

(e) The oyvner or operator of a facility shall certify' all opacity- 
and gaseous continuous emission monitoring systems following 
applicable performance specifications in 40 CFR Part 60. 
Appendix B. yN'ithin 60 days of monitor installation unless 
otherwise specified in permit or any other applicable rules. The 
owner or operator of a facility required to install an opacity or 
gaseous continuous emission monitoring systems shall notify the 
Director at least 60 days before installation unless otherwise 
specified in permit or in 40 CFR Part 60. 61. 63. or 75^ The 
notification shall include plans or schematic diagrams of the 
proposed monitor location. 

(f) Quality assurance programs for ambient monitors shall 
comply yvith the requirements in 40 CFR Part 58. 

(g) A quality assurance program shall be available on-site for 
inspection within 30 days of monitor certification. 

(h) The Director shall approve the quality assurance program 
yvithin 30 days of submittal if he finds that the program will 
assure that the precision and accuracy of tlie data for the 
pollutants being measured are \sithin the design limits of the 
instruments being used. 

AiahormG.S. 143-215. 3lai(ll: 143-215.65: 143-215.66: 143- 
215.10'lal(4}. 

.0614 COMPLIANCE ASSURANCE MONITORING 

(a) General Applicability. With the Exception of Paragraph 
(b) of this Rule, the requirements of this part shall apply to a 
pollutant-specific emissions unit at a facility required to obtain 
permit under 15A NCAC 2Q .0500 if the unit satisfies all of the 
follow ing criteria: 

( 1) The unit is subject to an emission limitation or 
standard for the applicable regulated air pollutant (or 
a surrogate thereof), other than an emission limitation 
or standard that is exempt under Subparagraph (b)(1) 
of this Rule: 

(2) The unit uses a control device to achieve compliance 
yvith any such emission limitation or standard: and 

(3) The unit has potential pre-control deyice emissions of 
the applicable regulated air pollutant that are equal to 
or greater than 1 00 tons per vear. For purposes of this 
Subparagraph. "potential pre-control deyice 
emissions" means the same as "potential to emit." as 
defined in 15A NCAC 2Q .0103. except that emission 
reductions achiey ed by the applicable control de\ ice 
shall not be taken into account. 

(b) Exemptions. 

(1) Exempt emission limitations or standards. The 
requirements of this Rule shall not apply to any of the 
follow ing emission limitations or standards: 

(A) emission limitations or standards proposed by 
the Administrator of the En\ironmental 
Protection Agency after November 15. 1990 
pursuant to section 1 1 1 or 1 12 of the federal 
Clean Air Act: 

(B) stratospheric ozone protection requirements 



1995 



NORTH CAROLINA REGISTER 



May 15. 1998 



12:22 



PROPOSED RULES 



under title VI of the federal Clean Air Act; 

(C) Acid Rain Program requirements pursuant to 
sections 404. 405. 406. 407(a). 407(b), or 4 1 
of the federal Clean Air Act; 

(D) emission limitations or standards or other 
applicable requirements that apply solely under 
an emissions trading program approved under 
the rules of this Subchapter and Subchapter 
1 5 A NC AC 2Q and that are incorporated in a 
permit issued under 15A NCAC 20 .0500; 

(E) an emissions cap that js approved under the 
rules of this Subchapter and Subchapter 15A 
NCAC 20 and incorporated in a permit issued 
under 15A NCAC 20 .0500; 

(F) emission limitations or standards for which a 
permit issued under 15A NCAC 20 .0500 
specifies a continuous compliance 
determination method, as defined jn 40 CFR 
64.1. (This exemption shall not apply if the 
applicable compliance method includes an 
assumed control device emission reduction 
factor that could be affected by the actual 
operation and maintenance of the control 
device (such as a surface coating line 
controlled by an incinerator for which 
continuous compliance is determined by 
calculating emissions on the basis of coating 
records and an assumed control device 
efficiency factor based on an initial 
performance test; in this example, this 
exemption would apply to the control device 
and capture system, but not to the remaining 
elements of the coating line, such as raw 
material usage). 

(2) Exemption for backup utility power emissions units. 
The requirements of this Rule shall not apply to a 
utility unit, as defined in 40 CFR 72.2. that is 
municipally-owned if the owner or operator provides 
documentation in a permit application submitted 
under 15A NCAC 20 .0500 that: 

(A) The utility unit is exempt from all monitoring 
requirements in 40 CFR Part 75 (including the 
appendices thereto); 

(B) The utility unit is operated for the sole purpose 
of providing electricity during periods of peak 
electrical demand or emergency situations and 
will be operated consistent with that purpose 
throughout the permit term. The owner or 
operator shall provide historical operating data 
and relevant contractual obligations to 
document that this criterion is satisfied; and 

(C) The actual emissions from the utility unit, 
based on the average annual emissions over the 
last three calendar years of operation (or such 
shorter time period that is available for units 
with fewer than three years of operation) are 



less than 50 tons per year and are expected to 
remain so. 

(c) For the purposes of this Rule, the definitions in 40 CFR 
64.1 shall apply with the following exceptions: 

(1) "Applicable requirement" and "regulated air 
pollutant" shall have the same definition as in 15A 
NCAC 20 .0103. 

(2) "Part 70 or 21 permit application" means an 
application (including any supplement to a previously 
submitted application) submitted by the owner or 
operator to obtain a permit under 15A NCAC 20 
.0500. 

(3) "Part 70 or 71 permit" means a permit issued under 
15A NCAC 20 .0500. 

(4) "Permitting authority" means the Division of Air 
Quality. 

(d) The owner or operator subject to the requirements of this 
Rule shall comply with these requirements: 

(1) 40 CFR 64.3. Monitoring Design Criteria. 
(2} 40 CFR 64.4. Submittal Requirements. 
tH 40 CFR 64.5 Deadlines for Submittals. 

(4) 40 CFR 64.7. Operation of Approved Monitoring, and 

(5) 40 CFR 64.9. Reporting and Recordkeeping 
Requirements. 

(e) The Division shall follow the procedures and requirements 
in 40 CFR Part 64.6. Approval of Monitoring, in reviewing and 
approving or disapproving monitoring plans and programs 
submitted under this Rule. 

(JQ Based on the result of a determination made under 40 CFR 
64.7(d)(2). the Director may require the owner or operator to 
develop and implement a quality improvement plan. If a quality 
improvement plan is required, the quality improvement plan 
shall be developed and implemented according to the procedures 
and requirements of 40 CFR 64.8. Ouality Improvement Plan 
(OIP) Requirements. 

(g) Nothing in this Rule shall: 

(1) excuse the owner or operator of a source from 
compliance with any existing emission limitation or 
standard, or any existing monitoring, testing, reporting 
or recordkeeping requirement that may apply under 
federal, state, or local law, or any other applicable 
requirements. The requirements of this Rule shall not 
be used to justify the approval of monitoring less 
stringent than the monitoring that is required under 
another rule in this Subchapter or Subchapter I5A 
NCAC 20 or Title 40 of the CFR and are not 
intended to establish minimum requirements for the 
purpose of determining the monitoring to be imposed 
under another rule in this Subchapter or Subchapter 
1 5A NCAC 20 or Title 40 of the CFR. The purpose 
of this Rule is to require, as part of the issuance of a 
permit under 15A NCAC 20 .0500. improved or new 
monitoring at those emissions units where monitoring 
requirements do not exist or are inadequate to meet 
the requirements of this Rule; 

(2) restrict or abrogate the authority of the Division to 



12:22 



NORTH CAROLINA REGISTER 



May 15, 1998 



1996 



PROPOSED RULES 



impose additional or more stringent monitoring, 
recordkeeping, testing, or reporting requirements on 
an\ owner or operator of a source under an\ provision 
of this Subchapter or Subchapter 15A NCAC 20 or 
the General Statutes: 

(3) restrict or abrogate the authority of the Division to 
take any enforcement action for any violation of an 
applicable requirement: or 

(4) restrict the authoriU' of the Administrator of the 
Environmental Protection Aeenc\ or of an\ person to 
take action under Section 304 of the federal Clean Air 
Act as stated under 40 CFR 64.10. 



AuihohnG.S. 143-2 15. 3(uj(3/: 143-215.65: 143-215.66: 143- 
215.10~(a)(4). 

.0615 DELEGATION 

The Director ma\ delegate his administrative and appro\al 
functions under this Section to the Depurs Director, regional air 
quality super\ isor. or an\ super\ isor in the Permitting. .-Xmbient 
Monitoring, or Technical Services Section of the Division as he 
considers appropriate. 

.Aitthorin- G.S. 143-215. 3(a)ll): 143-2 15.3(a)(4). 

SECTION .0900 - VOLATILE ORGANIC 
COMPOUNDS 

.0903 RECORDKEEPING: REPORTING: 
MONITORING 

(a) — Thi s Rul e appli e s to sourc es subj e ct to Rul e s in this 
S e ction. 

(b) The own e r or op e rator of an> volatil e organic compound 
e mission sourc e or control e quipm e nt shall maintain: 

f4-) r e cord s — d e tailing — aH — activiti es — r e lating — te — am 

compliance sch e dul e in this S e ction: 

(2-) r e cords d e tailing all malfunctions und e r Rul e .0535 of 

this Subchapt e r: 
f5-) r e cords of all t e sting conduct e d und e r Rul e s in this 



{G^ 



t e mperature. 

{Gj Substrate t>pc. 

(©^ Substrate form. 

f&) T\pe of coating s appli e d, numb e r of e ach 

coating tvp e appli e d, and quantity' of each type 

of coating appli e d p e r day. 
fF-) P e rc e nt — by — w e ight — ef — volatile — organic 

compounds cont e nt of e ach coating appli e d. 

P e rc e nt b> volum e of solids cont e nt of e ach 

coating applied. 
(H-) M e thod us e d to d e t e rmin e volum e p e rc e nt 

solids cont e nt of coatings. 
(4^ T>p e and quantity of dilu e nt s add e d to each 

coating and p e rc e nt by w e ight of volatile 

organic cont e nt of e ach dilu e nt. 

(3^ Control e quipm e nt. 

tA^ Th e rmal incin e rator: 

(+) — Combustion t e mp e ratur e . 

fii-) — R es id e nc e tim e . 

{^ Catalytic incin e rator: 

<4^ — Exhaust gas t e mp e ratur e . 

(«) — Chang e in t e mp e ratur e across cataKst 

■ <4th) — R e sid e nc e time. 

{w^ Dat e of last chang e of cataKst b e d. 

fv-) Dat e of la s t cataKst t es t and r e sults of 

Cond e ns e r: 

{¥) Inl e t t e mp e ratur e of cooling m e dium. 

(4+-) — Outl e t t e mp e ratur e of coohng m e dium. 
Emis s ion t e st r e sults: 

(44 h4et — volatil e — organic — compound 



{G^ 



{^ 



(ii>- 



conc e ntration. 
Outl e t — \olatil e 



organic — compound 



m- 



(+v 



(E^ 



conc e ntration. 

Explanation of hoxs inl e t and outl e t 

conc e ntrations hav e been det e rmin e d. 

Dat e wh e n th e s e conc e ntration s x'. e r e 

last d e t e nnin e d. 
Captur e sy st e m: 
<44 — Typ e of captur e syst e m. 
{H) Efficiencx of captur e s \st e m. 



Section: 

f44 r e cords of all monitoring conduct e d und e r Paragraph 

(d) of thi s Rul e : and 

{&) r e cords n e c es sary to d e t e rmin e complianc e as requir e d 

b> Paragraph (d) of this Rul e , 
(c) Wh e n r e qu e st e d b\ th e Dir e ctor . th e oxyji e r or op e rator of Th e ovxTi e r or op e rator of tti e sourc e shal l also pro\ id e any 

p e rtin e nt information to th e dir e ctor wh e n r e qu e st e d. 

(4) (aj The owner or operator of an\ \olatile organic 
compound emission source or control equipment shall: 



Explanation of hou captur e e ffici e ncy 
has been detennined. 



oth e r 



an\ volatil e organic compound e mi s sion sourc e or control 
e quipm e nt sha l l submit reports detailing th e foHo\\ ing: 

(4-) G e n e ral information. 

{Ar) Typ e of sourc e and proc e ss d e scription. 

{B^ Sch e dul e of op e ration. 

(C4 Quantity — of — \olatil e — organic — compounds 

e mitt e d p e r da\ from e ach sourc e . 

(©4 Quantity and typ e of wash and cl e an up 

solv e nts u se d e ach day for e ach s ourc e . 

{2^ Coating lin e information. 

{A) M e thod of application. 

fB4 Drying m e thod us^d aod minimum 



(1) install, operate, and maintain process and control 
equipment monitoring instruments or procedures as 
necessary to comply w ith Paragraphs (b) and (c) of 
this Rul e : the requirements of this Section: and 

(2) maintain, in writing, data and reports relating to 
monitoring instruments or procedures which will, 
upon review, document the compliance status of the 
volatile organic compound emission source or control 
e quipm e nt — te — the — satisfaction — of th e — Dir e ctor: 



1997 



NORTH C.4R0LI.\A REGISTER 



Max 15. 1998 



12:22 



PROPOSED RULES 



equipment; such data and reports shall, as a minimum, 
be maintained daily. 

( e ) Copi es of all r e cords and r e port s und e r Paragraphs (b), 
(c), and (d) of this Rul e shall b e r e tain e d by th e ovsTi e r or 
operator for a minimum of tvvo y e ars aft e r th e dat e on which th e 
record was mad e or th e r e port submitt e d. How e v e r, th e Dir e ctor 
may e xtend the r e t e ntion p e riod in particular instances when 
n e c ess ary to comply with other State or federal requirem e nts or 
when — complianc e — with — a — particular — standard — r e quir e s 
docum e ntation for more than two y e ars. 

(f) Copi e s of all records and r e ports und e r thi s S e ction shall 
b e mad e availabl e within a r e asonabl e tim e to th e Dir e ctor upon 
writt e n requ e st. 

(b) The owner or operator of any volatile organic compound 
emission source or control equipment subject to the requirements 
of this Section shall compK with the monitoring, recordkeeping. 
and reporting requirements in Section .0600 of this Subchapter. 

Aurhorin- G.S. 143-2 15.3(a)(1): 143-215. 107(a)(5>. 

SECTION .1 100 - CONTROL OF TOXIC AIR 
POLLUTANTS 

.1105 FACILITY REPORTING, RECORDKEEPING 

(a) Th e ox' . Ti e r or op e rator of a facility e mitting a toxic air 
pollutant shall maintain records detailing all activiti e s related to 
an\ complianc e s ch e dul e . 

(b) Th e own e r or operator of a facility omitting a toxic air 
pollutant shall maintain: 

f4^ r e cords d e tailing all malfijnctions und e r Rul e .0535 of 

thi s Subchapt e r. 
(3^ r e cords of all t es ting conduct e d und e r Rul e s in thi s 

S e ction and S e ctions .0500. .0900. or .1200 of this 

Subchapt e r. 
(54 r e cords of all monitoring conduct e d und e r Paragraph 

(d) of thi s Rul e , and 
(4) — r e cords n e c e ssary to d e t e nnin e complianc e as r e quir e d 

by Paragraph (d) of this Rul e . 

(c) Wh e n r e qu e st e d by the dir e ctor, th e own e r or operator of 
a facility e mitting a toxic air pollutant shall submit reports 
d e tailing th e following: 

f44 — G e n e ral information. 

fA-) Typ e of source and proc es s d es cription. 

f&) Sch e dule of operation. 

{Q^ Quantity of toxic air pollutants e mitt e d from 

e ach sourc e p e r unit of tim e corr es ponding to 
th e ambient level in Rul e .1 10 4 of this S e ction. 

(O) Quantity and typ e of wash and cl e an up 

solv e nts us e d for each sourc e p e r unit of tim e 
corr e sponding to th e ambi e nt l e v e l in Rul e 
.1 lO'l of this Section. 
(5^ — Coating lin e information. 

fA4 — M e thod of application. 

(B) Drying m e thod used and minimum 



(©) — Substrat e form. 

(E) Typ e of coating s appli e d, numb e r of e ach 

coating typ e applied, and quantity of e ach typo 

of coating appli e d p e r day. 
(F) P e rc e nt by w e ight of individual toxic air 

pollutants contained in e ach coating appli e d. 
(G^ — Typ e and w e ight of dilu e nt s added to each 

coating and p e rc e nt by w e ight of individual 

toxic air pollutant s of e ach dilu e nt. 

{^ Control e quipm e nt. 

{Aj Th e rmal incinerator. 

{^ — Combustion t e mperatur e . 

{vr) — R e sid e nc e time. 

fit^) — Inl e t gas flow rat e . 

(B) Catal>lic incin e rator. 

(+) — Exhaust gas t e mp e ratur e . 

(h^ — Chang e in t e mp e ratur e across catalyst 

{^ — R e sid e nc e tim e . 
-{w) — Inl e t gas flow rat e . 
(v^ — Dat e of last chang e of catalyst b e d. 
fvi^ — Dat e of last catalyst t e st and r e sults of 

fC^ Cond e ns e r. 

{^ — Inl e t t e mp e ratur e of cooling m e dium. 
(ii) — Outl e t t e mp e ratur e of cooling m e dium. 
{m) — Inl e t gas flow rat e . 

(©^ Carbon adsorption. 

(+) — Inlot gas t e mperature. 

fii-) Inl e t gas r e lativ e humidity. 

^m) Inl e t conc e ntration. 

(jv) — Continuou s outl e t conc e ntration. 
fv^ — Ad s orption cycl e tim e . 
(vt^ — Inl e t gas flow rat e . 
(B) — Absorption. 



(F^ 



m- 



(iv)- 

Flar e . 



Inl e t gas t e mp e ratur e . 
Pr e ssur e drop through column. 
Absorb e nt flow rat e . 
Inl e t conc e ntration. 
Continuous outl e t concentration. 
Inl e t gas flow rate. 



(+f- 
(4^ 



(vif- 



H e at content of inlot ga s . 

Supp le m e ntary fuel flow rate and h e at 

cont e nt. 

Flar e ga s t e mp e ratur e . 

Flar e ga s flow rat e . 

Inl e t gas t e mp e ratur e . 

Inl e t gas flow rat e . 



(€f 



t e mp e ratur e . 
Substrate typ o . 



w- 



V e nturi scrubb e r. 

(4^ Pr e s s ur e drop acros s v e nturi. 

fit) Inl e t gas t e mp e ratur e . 

{m) Scrubb e r wat e r flow rat e . 

(4v^ Inl e t gas flow rat e . 

Fabric filt e r. 



(i-) — Pr e s s ur e drop across coll e ction d e vic e . 



12:22 



NORTH CAROLINA REGISTER 



May 15, 1998 



1998 



PROPOSED RULES 



{vi) — Inlet gas t e mperatur e . 

{m) Inl e t ga s flow rat e . 

{W) — Air pr ess ur e on r e puls e j e t. 

(-v^ In s p e ction s ch e dul e . 

(i^ El e ctrostatic pr e cipitator. 

(+3 Primar\ and se condar\ voltag e . 

(+^) — Priman. and se condar\ curr e nt. 

fjti-) Spark rat e . 

fiv) — Cl e aning fr e qu e ncy and intensity'. 

(v) Inl e t gas Hov v rat e . 

{i) Emission t e st r e sult s . 

(4^ Inl e t toxic air pollutant conc e ntrations. 

{^ Outl e t toxic air pollutant conc e ntrations. 

{m) Explanation of how inlet and outl e t 

conc e ntrations hav e b ee n d e t e rmin e d. 

{W) Dat e wh e n th e s e concentration s w e r e 

last determin e d. 

{¥s^ Captur e s yst e m. 

t+) Typ e of captur e s yst e m. 

{^ Effici e nc> of captur e s sst e m. 

(iii) Explanation of how capture efficienc\ 
has been determined. 
Th e ovsTi e r or operator of th e facility, s hall also provid e any oth e r 
p e rtin e nt information to th e director when r e qu e st e d. 

(d) Th e own e r or op e rator of a facility e mitting a toxic air 
pollutant shall: 

fH in s tall, op e rat e , and maintain proc e ss and or control 

e quipm e nt monitoring instrum e nts or procedures as 
n e c es sary to compN with Paragraph (b) and (c) of this 
Rul e : and 

(2^ maintain, in writing, data andor r e ports r e lating to 

monitoring instrum e nts or proc e dur e s which will. 
upon r e vi e w, docum e nt th e complianc e statu s of th e 
toxic — aif — pollutant — e mis s ion — sourc e — er — control 
e quipm e nt to th e satisfaction of th e dir e ctor. 

f*) maintain r e cords of production rat es , throughput s . 

mat e rial — u s ag e . — and — oth e r — proc e ss — op e rational 
information as is n e cessary to d e t e rmin e complianc e 
\s ith the facility's p e rmit. 

( e ) Copi es of all r e cords and r e ports und e r Paragraphs (a), 
(b). (c). and (d) of this Rul e shall b e r e tain e d by th e own e r or 
op e rator for a p e riod of two y e ars aft e r th e dat e on which th e 
r e cord wa s mad e or th e r e port submitt e d, e xc e pt that th e dir e ctor 
may e xt e nd th e r e t e ntion p e riod in particular instanc e s. 

(0 Copi es of all r e cords and r e ports und e r this Section shall 
b e mad e available to the dir e ctor upon r e qu e st. 

The owner or operator of any toxic air pollutant emission 
source subject to the requirements of this Section shall compK 
w ith the monitoring, recordkeeping, and reporting requirements 
in Section .0600 of this Subchapter. 

Authorin- G.S. 143-2 15.3(a)(1): 143-215. 107(a)(4). (5): 143B- 
282. 



.1204 REPORTING AND RECORDKEEPING 

(a) Th e r e porting and r e cordk ee ping r e quir e ments of Rul e 
.1105 of thi s Subchapt e r shall apply to all incin e rators in 
addition to any r e porting and r e cordk ee ping requirements that 
mav b e contain e d in an\ oth e r rul e s. The owner or operator of 
an incinerator subject to the requirements of this Section shall 
compiv with the monitoring, recordkeeping, and reporting 
requirements in Section .0600 of this Subchapter. 

(b) The owner or operator of an incinerator, except an 
incinerator meeting the requirements of 15A NCAC 2D 
.1201(e). shall maintain and operate a continuous temperature 
monitoring and recording device for the primary chamber and. 
where there is a secondao,' chamber, for the secondan, chamber. 
The Director may require a temperature monitoring device for 
incinerators meeting the requirements of ISA NCAC 2D 
.1201(e). The owner or operator of an incinerator that has 
installed air pollution abatement equipment to reduce emissions 
of hydrogen chloride shall install, operate, and maintain 
continuous monitoring equipment to measure pH for wet 
scrubber s\stems and rate of alkaline injection for dn. scrubber 
systems. The Director shall require the owner or operator of an 
incinerator with a permitted charge rate of 750 pounds per hour 
or more to install, operate, and maintain continuous monitors for 
ox\gen or for carbon monoxide or both as necessary to 
determine proper operation of the incinerator. The Director ma\ 
require the owner or operator of an incinerator with a permitted 
charge rate of less than 750 pounds per hour to install, operate, 
and maintain monitors for oxygen or for carbon monoxide or 
both as necessary to determine proper operation of the 
incinerator. 

(c) In addition to the requirements of Paragraphs (a) and (b) 
of this Rule, the owner or operator of a sewage sludge 
incinerator shall: 



(1) 



install, operate, and maintain, for each incinerator. 

continuous emission monitors to determine the 

following: 

(A) total hydrocarbon concentration of the 
incinerator stack exit gas in accordance w ith 40 
CFR 503.45(a) unless the requirements for 
continuousK monitoring carbon monoxide as 
provided in 40 CFR 503.40(c) are satisfied; 
oxygen concentration of the incinerator stack 
exit gas: and 
moisture content of the incinerator stack exit 



(B) 
(C) 



gas: 



SECTION .1200 - CONTROL OF EMISSIONS FROM 
INCINERATORS 



C-) 



(3) 



(4) 



(5) 



monitor the concentrations of ben. Ilium and mercun, 
from the sludge fed to the incinerator at least as 
frequenth as required under Rule .1110 of this 
Subchapter but in no case less than once per > ear: 
monitor the concentrations of arsenic, cadmium, 
chromium, lead, and nickel in the sewage sludge fed 
to the incinerator at least as frequenth as required 
under 40 CFR 503.46(a)(2) and (3): 
determine mercur\ emissions by use of Method 105 
of 40 CFR Part 61. Appendix B. where applicable to 
40 CFR 61.55(a); 
maintain records of all material required under Rules 



1999 



NORTH CAROLINA REGISTER 



May 15, 1998 



12:22 



PROPOSED RULES 



.1203 and .1204 of this Section in accordance with 40 
CFR 503.47; and 
(6) for class I sludge management facilities (as defined in 
40 CFR 503.9), POTWs (as defined in 40 CFR 501.2) 
with a design flow rate equal to or greater than one 
million gallons per day, and POTWs that serve a 
population of 10,000 people or greater, submit the 
information recorded in Subparagraph (c)(4) of this 
Rule to the Director on or before February 1 9 of each 
year. 

(d) In addition to the requirements of Paragraphs (a) and (b) 
of this Rule, the owner or operator of a small or large municipal 
waste combustor plant shall: 

(1) install, operate, and maintain, for each municipal 
waste combustor, continuous emission monitors to 
determine the following; 

(A) opacity in accordance with 40 CFR 60.58b(c). 

(B) sulfur dioxide in accordance with 40 CFR 
60.58b(e). 

(C) nitrogen dioxide in accordance with 40 CFR 
60.58b(h). (This requirement applies only to 
large municipal waste combustor plants). 

(2) maintain records of the information listed in 40 CFR 
60.59b, Paragraphs (d)( 1 ) through (d)( 1 5) for a period 
of at least five years. 

(3) following the initial compliance tests as required 
under Rule .1203 of this Section, submit the 
information specified in 40 CFR 60.59b. Paragraphs 
(f)(1) through (f)(6), in the initial performance test 
report. 

(4) following the first year of municipal combustor 
operation, submit an annual report including the 
information specified in 40 CFR 60.59b. Paragraphs 
(g)(1) through (g)(4), as applicable, no later than 
February 1 of each year following the calendar year in 
which the data were collected. Once the unit is 
subject to permitting requirements under 1 5A NCAC 
20 .0500, the owner or operator of an affected facility 
must submit these reports semiannually. 

(5) submit a semiannual report that includes information 
specified in 40 CFR 60.59b, Paragraphs (h)(1) 
through (h)(5), for any recorded pollutant or 
parameter that does not comply with the pollutant or 
parameter limit specified in this Section, according to 
the schedule in 40 CFR 60.59b(h)(6). 

( e ) All monitoring d e vic e s and syst e ms r e quir e d by this Rul e 
shall b e subj e ct to a quality assuranc e program approved by the 
Dir e ctor. — Stteh — quality — assuranc e — program — shaH — includ e 
proc e dur e s — and — fr e qu e nci e s — fef — calibration, — s tandard s 
trac e ability. operational ch e cks, maint e nance, auditing, data 
validation, and a s ch e dul e for impl e m e nting th e quality 
as s uranc e program. 

Authority- G.S. 143-215. 3(a)(l ): 143-21 5.W7(a)(4>.(5). 

SECTION .1400 - NITROGEN OXIDES 



.1404 RECORDKEEPING: REPORTING: 
MONITORING 

(a) The owner or operator of any source subject to the 
requirements of this Section shall comply with the monitoring, 
recordkeeping and reporting requirements in Section .0600 of 
this Subchapter and shall maintain all records necessary for 
determining compliance with all applicable RACT limitations 
and standards of this Section for at least five years after. 

(b) When requested by the Director, the owner or operator of 
any source subject to the requirements of this Section shall 
submit to the Director any information necessary to determine 
the compliance status of an affected source. 

(c) Within 30 days of becoming aware of an occurrence of 
excess emissions from a source subject to the requirements of 
this Section, the owner or operator shall notify the Director and 
provide the following information: 

(1) the name and location of the facility; 

(2) the source that caused the excess emissions; 

(3) the time and date the excess emissions were 
discovered; 

(4) the cause and duration of the excess emissions; 

(5) for sources subject to a RACT limitation, the 
estimated rate of emissions and the data and 
calculations used to determine the magnitude of the 
excess emissions; and 

(6) the corrective actions and schedule proposed to 
correct the conditions causing the excess emissions. 

(d) When required, the owner or operator of a source subject 
to the requirements of this Section shall operate and maintain a 
continuous emission monitoring system in accordance with 40 
CFR, Part 60, Appendix F. 

(e) Data from continuous emissions monitoring systems shall 
be available for at least 95 percent of the operating hours for the 
applicable averaging period, where four equally spaced readings 
constitute a valid hour. If data from continuous emission 
monitoring systems is not available for at least 95 percent of the 
time that the source is operated, the procedures in 40 CFR 75.33 
shall apply. 

(f) When compliance with a RACT limitation established for 
a source subject to the requirements of this Section is determined 
using a continuous emissions monitoring system, a 24-hour 
rolling average computed and recorded each hour from April 1 
through October 31 shall be used. 

(g) When compliance with a RACT limitation established for 
a source subject to the requirements of this Section is not 
determined using a continuous emissions monitoring system, 
compliance shall be determined using source testing in 
accordance with 40 CFR, Part 60, Appendix A. or any 
equivalent test method, approved by the Director. Where source 
testing is used to determine compliance with a RACT limitation 
established in accordance with this Section, testing shall be 
conducted at least annually in accordance with Rule . 1 4 1 5 of this 
Section. 

Authority G.S. 143-215. 3(a)(1): 143-215. 107(a)(5). 



12:22 



NORTH CAROLINA REGISTER 



May 15, 1998 



2000 



PROPOSED RULES 



•k'kit'k'k-k-k-k 



Tt -K -K tC -K -K 



Notice is hereby given in accordance with G.S. 150B-212 
that the DENR - Commission for Health Sen'ices intends 
to amend rules cited as 15.4 NCAC 13A .0109 - .0111. Notice 
of Rule-making Proceedings was published in the Register on 
October 1. 1997. 

Proposed Effective Date: .April 1. 1999 

A Public Hearing wilt be conducted at 2:30 p.m. on .August 5. 
1998 at the .Archdale Building. Ground Floor Hearing Room. 
512 N. Sal is bun- St. Raleigh. NC 2^611. 

Reason for Proposed Action: 

15.4 SC.-\C I3.A .0109- The proposed amendment redesignates 

Paragraph Izl ".Appendices to Part 264 " as Paragraph laai, and 

adds^ 40 CFR 264.1200 through 264.1202 (Subpart EEi. 

"Hazardous Waste Munitions and Explosives Storage" as a ne\\- 

Paragraph (:). 

15.4 i\'C.4C 13.4 .0110 - The proposed amendment redesignates 

Paragraph Im-I ".Appendices to 40 CFR Part 265" as Paragraph 

fx) and adds 40 CFR 265. 1200 through 265. 1202 (Subpart EE). 

"Hazardous Waste Munitions and Explosives Storage", as a new 

Paragraph (w). 

15.4 NC.4C 13.4 .0111 - The proposed amendment adds 40 CFR 

266.200 through 266.206 (Subpart Ml. "Militar\- Munitions" to 

15A NCAC 13.A .0111(d): and a technical change in Paragraph 

(c) replaces 266. 122 with 266. 1 12. 

Comment Procedures: Comments will be accepted through 
August 5. 1998. Written comments may be submitted to James 
.4. Carter. Chief. Hazardous Waste Section. Division of Waste 
Management. PO Box 29603. Raleigh. NC 2-61 1-9603. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do not 
have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 13 - SOLID WASTE MANAGEMENT 

SUBCHAPTER 13A - HAZARDOUS 
WASTE MANAGEMENT 

SECTION .0100 - HAZARDOUS WASTE 

.0109 STANDARDS FOR OWNERS/OPERATORS 
OF HWTSD FACILITIES - PART 264 

(a) An\ person who treats, stores or disposes of hazardous 
waste shall compK with the requirements set forth in this 
Section. The treatment, storage or disposal of hazardous waste 
is prohibited except as provided in this Section. 

(b) 40 CFR 264.1 through 264.4 (Subpart A). "General", are 
incorporated b\ reference including subsequent amendments and 
editions. 

(c) 40 CFR 264.10 through 264.19 (Subpart B). "General 



Facilit> Standards", are incorporated by reference including 
subsequent amendments and editions. 

(d) 40 CFR 264.30 through 264.37 (Subpart C), 
"Preparedness and Prevention", are incorporated by reference 
including subsequent amendments and editions. 

(e) 40 CFR 264.50 through 264.56 (Subpart D), 
"ContingencN Plan and Emergency Procedures", are 
incorporated b\ reference including subsequent amendments and 
editions. 

(f) 40 CFR 264.70 through 264.77 (Subpart E). "Manifest 
System. Recordkeeping, and Reporting", are incorporated by 
reference including subsequent amendments and editions. 

(g) 40 CFR 264.90 through 264.101 (Subpart F). "Releases 
From Solid Waste Management Units", are incorporated by 
reference including subsequent amendments and editions. For 
the purpose of this incorporation by reference. "January 26. 
1983" shall be substituted for "July 26. 1982" contained in 40 
CFR 264.90(a)(2). 

(h) 40 CFR 264.1 10 through 264.120 (Subpart G). "Closure 
and Post-Closure", are incorporated by reference including 
subsequent amendments and editions. 

(i) 40 CFR 264.140 through 264.151 (Subpart H). "Financial 
Requirements", are incorporated b\ reference including 
subsequent amendments and editions, except that 40 CFR 
264.143(a)(3). (a)(4). (a)(5). (a)(6). 40 CFR 264.145(a)(3). 
(a)(4). (a)(5). and 40 CFR 264.151(a)(1). Section 15 are not 
incorporated b\ reference. 

(1) The following shall be substituted for the provisions 
of 40 CFR 264. 143(a)(3) which were not incorporated 
b\ reference: 

The owner or operator shall deposit the full amount of 
the closure cost estimate at the time the fund is 
established. Within 1 year of the effective date of 
these Rules, an owner or operator using a closure trust 
fund established prior to the effective date of these 
Rules shall deposit an amount into the fund so that its 
value after this deposit at least equals the amount of 
the current closure cost estimate, or shall obtain other 
financial assurance as specified in this Section. 

(2) The following shall be substituted for the provisions 
of 40 CFR 264. 1 43(a)(6) which w ere not incorporated 
by reference: 

After the trust fund is established, whenever the 
current closure cost estimate changes, the owner or 
operator shall compare the new estimate with the 
trustee's most recent annual \aluation of the trust 
fund. If the value of the fund is less than the amount 
of the new estimate, the owner or operator within 60 
da\s after the change in the cost estimate, shall either 
deposit an amount into the fund so that its value after 
this deposit at least equals the amount of the current 
closure cost estimate, or obtain other financial 
assurance as specified in this section to co\er the 
difference. 

(3) The following shall be substituted for the provisions 
of 40 CFR 264. 145(a)(3) which were not incorporated 
b\ reference: 



2001 



NORTH CAROLINA REGISTER 



Mav 15, 1998 



12:22 



PROPOSED RULES 



(A) Except as otherwise provided in Paragraph 
(i)(3)(B) of this Section, the owner or operator 
shall deposit the full amount of the 
post-closure cost estimate at the time the fund 
is established. 

(B) If the Department finds that the owner or 
operator of an inactive hazardous waste 
disposal unit cannot provide financial 
assurance for post-closure through any other 
option (e.g. surety bond, letter of credit, or 
corporate guarantee), a plan for annual 
payments to the trust fund over the term of the 
RCRA post-closure permit may be established 
by the Department as a permit condition. 

(4) The following additional requirement shall apply: 
The trustee shall notify the Department of payment to 
the trust fund, by certified mail within 10 days 
following said payment to the trust fund. The notice 
shall contain the name of the Grantor, the date of 
payment, the amount of payment, and the current 
value of the trust fiind. 
(j) 40 CFR 264.170 through 264.179 (Subpart I). "Use and 
Management of Containers", are incorporated by reference 
including subsequent amendments and editions. 

(k) 40 CFR 264.190 through 264.200 (Subpart J), "Tank 
Systems", are incorporated by reference including subsequent 
amendments and editions. 

(I) The following are requirements for Surface 
Impoundments: 

(1) 40 CFR 264.220 through 264.232 (Subpart K), 
"Surface Impoundments", are incorporated by 
reference including subsequent amendments and 
editions. 

(2) The following are additional standards for surface 
impoundments: 

(A) The liner system shall consist of at least two 
liners; 

(B) Artificial liners shall be equal to or greater than 
30 mils in thickness; 

(C) Clayey liners shall be equal to or greater than 
five feet in thickness and have a maximum 
permeability of 1 .0 x 1 0-7 cm/sec; 

(D) Clayey liner soils shall have the same 
characteristics as described in Subparts 
(r)(4)(B)(ii), (iii), (iv), (vi) and (vii) of this 
Rule; 

(E) A leachate collection system shall be 
constructed between the upper liner and the 
bottom liner; 

(F) A leachate detection system shall be 
constructed below the bottom liner; and 

(G) Surface impoundments shall be constructed in 
such a manner to prevent landsliding, slippage 
or slumping. 

(m) 40 CFR 264.250 through 264.259 (Subpart L), "Waste 
Piles", are incorporated by reference including subsequent 



amendments and editions. 

(n) 40 CFR 264.270 through 264.283 (Subpart M), "Land 
Treatment", are incorporated by reference including subsequent 
amendments and editions. 

(0) 40 CFR 264.300 through 264.317 (Subpart N), 
"Landfills", are incorporated by reference including subsequent 
amendments and editions. 

(p) A long-term storage facility shall meet groundwater 
protection, closure and post-closure, and financial requirements 
for disposal facilities as specified in Paragraphs (g), (h), and (i) 
of this Rule. 

(q) 40 CFR 264.340 through 264.351 (Subpart O), 
"Incinerators", are incorporated by reference including 
subsequent amendments and editions. 

(r) The following are additional location standards for 
facilities: 

(1) In addition to the location standards set forth in 1 5 A 
NCAC 13A .0009(c), .0109(c). the Department, in 
determining whether to issue a permit for a hazardous 
waste management facility, shall consider the risks 
posed by the proximity of the facility to water table 
levels, flood plains, water supplies, public water 
supply watersheds, mines, natural resources such as 
wetlands, endangered species habitats, parks, forests, 
wilderness areas, and historical sites, and population 
centers and shall consider whether provision has been 
made for adequate buffer zones. The Department 
shall also consider ground water travel time, soil pH, 
soil cation exchange capacity, soil composition and 
permeability, slope, climate, local land use, 
transportation factors such as proximity to waste 
generators, route, route safety, and method of 
transportation, aesthetic factors such as the visibility, 
appearance, and noise level of the facility; potential 
impact on air quality, existence of seismic activity and 
cavernous bedrock. 

(2) The following minimum separation distances shall be 
required of all hazardous waste management facilities 
except that existing facilities shall be required to meet 
these minimum separation distances to the maximum 
extent feasible: 

(A) All hazardous waste management facilities 
shall be located at least 0.25 miles from 
institutions including but not limited to 
schools, health care facilities and prisons, 
unless the owner or operator can demonstrate 
that no unreasonable risks shall be posed by the 
proximity of the facility. 

(B) All hazardous waste treatment and storage 
facilities shall comply with the following 
separation distances: all hazardous waste shall 
be treated and stored a minimum of 50 feet 
from the property line of the facility; except 
that all hazardous waste with ignitable, 
incompatible or reactive characteristics shall be 
treated and stored a minimum of 200 feet from 



12:22 



NORTH CAROLINA REGISTER 



Mav 15, 1998 



2002 



PROPOSED RULES 



the propert}' line of the faciht>^ if the area 

adjacent to the facility is zoned for an\ use 

other than industrial or is not zoned. 

fC) All hazardous waste landfills, long-term 

storage facilities, land treatment facilities and 

surface impoundments, shall compK with the 

following separation distances: 

(i) All hazardous waste shall be located a 

minimum of 200 feet from the property 

line of the facility. 

(ii) Each hazardous waste landfill. 

long-term storage or surface 

impoundment facilir\ shall be 

constructed so that the bottom of the 

facilit}' is 10 feet or more abo\e the 

historical high ground water level. The 

historical high ground water level shall 

be determined b\ measuring the 

seasonal high ground water le\els and 

predicting the long-term maximum high 

ground water level from published data 

on similar North Carolina topographic 

positions, elevations. geolog\. and 

climate: and 

(iii) All hazardous waste shall be located a 

minimum of 1.000 feet from the zone of 

influence of an\ existing off-site ground 

water well used for drinking water, and 

outside the zone of influence of an\ 

existing or planned on-site drinking 

water well. 

(D) Hazardous waste storage and treatment 

facilities for liquid waste that is classified as 

TC toxic, toxic, or acuteK toxic and is stored 

or treated in tanks or containers shall not be 

located: 

(i) in the recharge area of an aquifer w hich 
is designated as an existing sole 
drinking water source as defined in the 
Safe Drinking Water Act. Section 
.1424(e) [42 U.S.C. 300h-3(e)] unless 
an adequate secondary containment 
s\stem is constructed, and after 
consideration of applicable factors in 
Subparagraph (r)(3) of this Rule, the 
owner or operator can demonstrate no 
unreasonable risk to public health: 
(ii) within 200 feet of surface water 
impoundments or surface w ater stream 
with continuous flow as defined b\ the 
United States Geological Sur\e\ : 
(iii) in an area that will allow direct surface 
or subsurface discharge to WS-I. W'S-II 
or SA waters or a Class III Reservoir as 
defined in 15A NCAC 2B .0200 and 
15ANCAC 18C .0102; 
(i\ ) in an area that will allow direct surface 



or subsurface discharge to the watershed 

for a Class 1 or II Reservoir as defined 

in 15ANCAC 18C.0102; 
(v) within 200 feet horizontalK of a 

100-year fioodplain ele\'ation: 
(vi) within 200 feet of a seismically active 

area as defined in Paragraph (c) of this 

Rule: and 
(vii) within 200 feet of a mine. ca\'e. or 

ca\emous bedrock. 
(3) The Department mas require an\ hazardous waste 
management facility to compK w ith greater separation 
distances or other protective measures necessary to 
avoid unreasonable risks posed b\ the proximit\ of 
the facility to water table levels, fiood plains, water 
supplies, public water suppK watersheds, mines, 
natural resources such as wetlands, endangered 
species habitats, parks, forests, wilderness areas, and 
historical sites, and population centers or to provide 
an adequate buffer zone. The Department ma\ also 
require protective measures necessan. to avoid 
unreasonable risks posed b\ the soil pH. soil cation 
exchange capacit> . soil composition and permeability . 
climate, transportation factors such as proximit> to 
w aste generators, route, route safet\, and method of 
transportation, aesthetic factors such as the visibilit> . 
appearance, and noise le\el of the facilit\. potential 
impact on air quality, and the existence of seismic 
activit} and ca\emous bedrock. In determining 
whether to require greater separation distances or 
other protecti\e measures, the Department shall 
consider the follow ing factors: 
(.A) All proposed hazardous waste activities and 
procedures to be associated w ith the transfer. 
storage, treatment or disposal of hazardous 
waste at the facility : 

(B) The t>pe of hazardous waste to be treated, 
stored, or disposed of at the facility: 

(C) The \olume of waste to be treated, stored, or 
disposed of at the facilit\; 

(D) Land use issues including the number of 
permanent residents in proximitv to the facility 
and their distance from the facility: 

(E) The adequacN of facility design and plans for 
containment and control of sudden and 
non-sudden accidental e\ents in combination 
w ith adequate off-site evacuation of potential K 
ad\ erseh impacted populations; 

(F) Other land use issues including the number of 
institutional and commercial structures such as 
airports and schools in proximit}." to the facility . 
their distance from the facility, and the 
particular nature of the acti\ ities that take place 
in those structures; 

(G) The lateral distance and slope from the facilirs 
to surface water supplies or to watersheds 
draining directK into surface water supplies; 



2003 



\ORTH CAROLI\A REGISTER 



May 15, 1998 



12:22 



PROPOSED RULES 



(H) The vertical distance, and type of soils and 
geologic conditions separating the facility fi-om 
the water table; 
(I) The direction and rate of flow of ground water 
from the sites and the extent and reliability of 
on-site and nearby data concerning seasonal 
and long-term groundwater level fluctuations; 

(J) Potential air emissions including rate, direction 
of movement, dispersion and exposure, 
whether from planned or accidental, 
uncontrolled releases; and 

(K) Any other relevant factors. 
(4) The following are additional location standards for 

landfills, long-term storage facilities and hazardous 

waste surface impoundments: 

(A) A hazardous waste landfill, long-term storage, 
or a surface impoundment facility shall not be 
located: 

(i) In the recharge area of an aquifer which 
is an existing sole drinking water 
source; 
(ii) Within 200 feet of a surface water 
stream with continuous flow as defined 
by the United States Geological Survey; 

(iii) In an area that will allow direct surface 
or subsurface discharge to WS-I, WS-II 
or SA waters or a Class III Reservoir as 
defined in 15A NCAC 2B .0200 and 
15ANCAC 18C.0102; 

(iv) In an area that will allow direct surface 
or subsurface discharge to a watershed 
for a Class 1 or II Reservoir as defined 
in 15ANCAC 18C .0102; 
(v) Within 200 feet horizontally of a 
100-year flood hazard elevation; 

(vi) Within 200 feet of a seismically active 
area as defined in Paragraph (c) of this 
Rule; and 

(vii) Within 200 feet of a mine, cave or 
cavernous bedrock. 

( B ) A hazardous waste landfill or long-term storage 
facility shall be located in highly weathered, 
relatively impermeable clayey formations with 
the following soil characteristics: 

(i) The depth of the unconsolidated soil 

materials shall be equal to or greater 

than 20 feet; 
(ii) The percentage of fine-grained soil 

material shall be equal to or greater than 

30 percent passing through a number 

200 sieve; 
(iii) Soil liquid limit shall be equal to or 

greater than 30; 
(iv) Soil plasticity index shall be equal to or 

greater than 15; 
(v) Soil compacted hydraulic conductivity 



shall be a maximum of 1.0 x 10"' 
cm/sec; 
(vi) Soil Cation Exchange Capacity shall be 
equal to or greater than 5 
milliequivalents per 100 grams; 
(vii) Soil Potential Volume Change Index 

shall be equal to or less than 4; and 
(viii) Soils shall be underlain by a competent 
geologic formation having a rock quality 
designation equal to or greater than 75 
percent unless other geological 
conditions afford adequate protection of 
public health and the environment. 
(C) A hazardous waste landfill or long-term storage 
facility shall be located in areas of low to 
moderate relief to the extent necessary to 
prevent landsliding or slippage and slumping. 
The site may be graded to comply with this 
standard. 

(5) All new hazardous waste impoundments that close 
with hazardous waste residues left in place shall 
comply with the standards for hazardous waste 
landfills in Subparagraph (r)(4) of this Rule unless the 
applicant can demonstrate that equivalent protection 
of public health and environment is afforded by some 
other standard. 

(6) The owners and operators of all new hazardous waste 
management facilities shall construct and maintain a 
minimum of two observation wells, one upgradient 
and one downgradient of the proposed facility; and 
shall establish background groundwater 
concentrations and monitor annually for all hazardous 
wastes that the owner or operator proposes to store, 
treat, or dispose at the facility. 

(7) The owners and operators of all new hazardous waste 
facilities shall demonstrate that the community has 
had an opportunity to participate in the siting process 
by complying with the following: 

(A) The owners and operators shall hold at least 
one public meeting in the county in which the 
facility is to be located to inform the 
community of all hazardous waste management 
activities including but not limited to: the 
hazardous properties of the waste to be 
managed; the type of management proposed for 
the wastes; the mass and volume of the wastes; 
and the source of the wastes; and to allow the 
community to identify specific health, safety 
and environmental concerns or problems 
expressed by the community related to the 
hazardous waste activities associated with the 
facility. The owners and operators shall 
provide a public notice of this meeting at least 
30 days prior to the meeting. Public notice 
shall be documented in the facility permit 
application. The owners and operators shall 



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2004 



PROPOSED RULES 



submit as part of the permit application a 
complete written transcript of the meeting, all 
written material submitted that represents 
community' concerns, and all other relevant 
written material distributed or used at the 
meeting. The written transcript and other 
written material submitted or used at the 
meeting shall be submitted to the local public 
librar\' closest to and in the county of the 
proposed site with a request that the 
information be made available to the public. 

(B) For the purposes of this Rule, public notice 
shall include: notification of the boards of 
countv' commissioners of the countv' where the 
proposed site is to be located and all 
contiguous counties in North Carolina: a legal 
advertisement placed in a newspaper or 
newspapers serving those counties; and 
provision of a news release to at least one 
newspaper, one radio station, and one TV 
station serving these counties. Public notice 
shall include the time, place, and purpose of 
the meetings required by this Rule. 

(C) No less than 30 days after the first public 
meeting transcript is available at the local 
public libran,'. the owners and operators shall 
hold at least one additional public meeting in 
order to attempt to resolve communitv' 
concerns. The owners and operators shall 
provide public notice of this meeting at least 30 
days prior to the meeting. Public notice shall 
be documented in the facility permit 
application. The owners and operators shall 
submit as part of the permit application a 
complete written transcript of the meeting, all 
written material submitted that represents 
community concerns, and all other relevant 
written material distributed or used at the 
meeting. 

(D) The application, written transcripts of all public 
meetings and any additional material submitted 
or used at the meetings, and any additions or 
corrections to the application, including an> 
responses to notices of deficiencies shall be 
submitted to the local libran." closest to and in 
the count> of the proposed site, with a request 
that the information be made available to the 
public until the permit decision is made. 

(E) The Department shall consider unresolved 
community concerns in the permit review 
process and impose final permit conditions 
based on sound scientific, health. safet>. and 
environmental principles as authorized b\ 
applicable laws or rules. 

(s) 40 CFR 264.552 through 264.553 (Subpart S). "Corrective 
Action for Solid Waste Management Units", are incorporated b\ 
reference including subsequent amendments and editions. 



(t) 40 CFR 264.570 through 264.575 (Subpart W). "Drip 
Pads", are incorporated by reference including subsequent 
amendments and editions. 

(u) 40 CFR 264.600 through 264.603 (Subpart X), 
"Miscellaneous Units", are incorporated by reference including 
subsequent amendments and editions. 

(V) 40 CFR 264.1030 through 264.1049 (Subpart AA), "Air 
Emission Standards for Process Vents", are incorporated by 
reference including subsequent amendments and editions. 

(w) 40 CFR 264.1050 through 264.1079 (Subpart BB). "Air 
Emission Standards for Equipment Leaks", are incorporated by 
reference including subsequent amendments and editions. 

(X) 40 CFR 264.1080 through 264.1091 (Subpart CC). "Air 
Emission Standards for Tanks. Surface Impoundments, and 
Containers", are incorporated by reference including subsequent 
amendments and editions. 

(y) 40 CFR 264.1100 through 264.1102 (Subpart DD), 
"Containment Buildings", are incorporated by reference 
including subsequent amendments and editions. 

(z} 40 CFR 264.1200 through 264.1202 (Subpart EE). 
"Hazardous Waste Munitions and E.xplosives Storage", are 
incorporated by reference including subsequent amendments and 
editions. 

(aa) (*> Appendices to 40 CFR Part 264 are incorporated by 
reference including subsequent amendments and editions. 

Auihonn-G.S. 130.4-294(0: 150B-2I.6. 



.0110 INTERIM STATUS STDS FOR OWNERS-OP 
OF HWTSD FACILITIES - PART 265 

(a) 40 CFR 265.1 through 265.4 (Subpart A). "General", are 
incorporated by reference including subsequent amendments and 
editions. 

(b) 40 CFR 265.10 through 265.19 (Subpart B), "General 
Facility Standards", are incorporated by reference including 
subsequent amendments and editions. 

(c) 40 CFR 265.30 through 265.37 (Subpart C), 
"Preparedness and Prevention", are incorporated by reference 
including subsequent amendments and editions. 

(d) 40 CFR 265.50 through 265.56 (Subpart D). 
"Contingency Plan and Emergency Procedures", are 
incorporated by reference including subsequent amendments and 
editions. 

(e) 40 CFR 265.70 through 265.77 (Subpart E), "Manifest 
System. Recordkeeping, and Reporting", are incorporated b\ 
reference including subsequent amendments and editions. 

(0 40 CFr" 265.90 through 265.94 (Subpart F). 
"Ground-Water Monitoring", are incorporated by reference 
including subsequent amendments and editions. 

(g) 40 CFR 265.1 10 through 265.120 (Subpart G). "Closure 
and Post-Closure", are incorporated by reference including 
subsequent amendments and editions. 

(h) 40 CFR 265.140 through 265.151 (Subpart H), "Financial 
Requirements", are incorporated b> reference including j 
subsequent amendments and editions, except that 40 CFR ^ 
265.143(a)(3), (a)(4), (a)(5). (a)(6). and 40 CFR 265.145(a)(3). 
(a)(4). (a)(5). are not incorporated b>' reference. 



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(1) The following shall be substituted for the provisions 
of 40 CFR 265. 143(a)(3) which were not incorporated 
by reference: 

TTie owner or operator shall deposit the ftill amount of 
the closure cost estimate at the time the fund is 
established. Within 1 year of the effective date of 
these Rules, an owner or operator using a closure trust 
fund established prior to the effective date of these 
Rules shall deposit an amount into the fund so that its 
value after this deposit at least equals the amount of 
the current closure cost estimate, or shall obtain other 
financial assurance as specified in this Section. 

(2) The following shall be substituted for the provisions 
of 40 CFR 265. 143(a)(6) which were not incorporated 
by reference: 

After the trust fund is established, whenever the 
current closure cost estimate changes, the owner or 
operator shall compare the new estimate with the 
trustee's most recent annual valuation of the trust 
fund. If the value of the fund is less than the amount 
of the new estimate, the owner or operator within 60 
days after the change in the cost estimate, shall either 
deposit an amount into the fund so that its value after 
this deposit at least equals the amount of the current 
closure cost estimate, or obtain other financial 
assurance as specified in this Section to cover the 
difference. 

(3) The following shall be substituted for the provisions 
of 40 CFR 265. 145(a)(3) which were not incorporated 
by reference: 

(A) Except as otherwise provided in Paragraph 
(h)(3)(B) of this Section, the owner or operator 
shall deposit the full amount of the 
post-closure cost estimate at the time the fund 
is established. 

(B) If the Department finds that the owner or 
operator of an inactive hazardous waste 
disposal unit cannot provide financial 
assurance for post-closure through any other 
option (e.g. surety bond, letter of credit, or 
corporate guarantee), a plan for annual 
payments to the trust fund during the interim 
status period may be established b\ the 
Department by use of an Administrative Order. 

(i) 40 CFR 265.170 through 265.178 (Subpart I). "Use and 
Management of Containers", are incorporated by reference 
including subsequent amendments and editions. Additionally, 
the owner or operator shall keep records and results of required 
inspections for at least three years from the date of the 
inspection. 

0) 40 CFR 265.190 through 265.202 (Subpart J), "Tank 
Systems", are incorporated by reference including subsequent 
amendments and editions. 

(k) 40 CFR 265.220 through 265.23 1 (Subpart K), "Surface 
Impoundments", are incorporated by reference including 
subsequent amendments and editions. 



(I) 40 CFR 265.250 through 265.260 (Subpart L), "Waste 
Piles", are incorporated by reference including subsequent 
amendments and editions. 

(m) 40 CFR 265.270 through 265.282 (Subpart M), "Land 
Treatment", are incorporated by reference including subsequent 
amendments and editions. 

(n) 40 CFR 265.300 through 265.316 (Subpart N). 
"Landfills", are incorporated by reference including subsequent 
amendments and editions. 

(o) 40 CFR 265.340 through 265.352 (Subpart O), 
"Incinerators", are incorporated by reference including 
subsequent amendments and editions. 

(p) 40 CFR 265.370 through 265.383 (Subpart P), "Thermal 
Treatment", are incorporated by reference including subsequent 
amendments and editions. 

(q) 40 CFR 265.400 through 265.406 (Subpart Q). 
"Chemical. Physical, and Biological Treatment", are 
incorporated by reference including subsequent amendments and 
editions. 

(r) 40 CFR 265.440 through 265.445 (Subpart W), "Drip 
Pads", are incorporated by reference including subsequent 
amendments and editions. 

(s) 40 CFR 265.1030 through 265.1049 (Subpart AA), "Air 
Emission Standards for Process Vents", are incorporated by 
reference including subsequent amendments and editions. 

(t) 40 CFR 265^1050 through 265.1079 (Subpart BB), "Air 
Emission Standards for Equipment Leaks", are incorporated by 
reference including subsequent amendments and editions. 

(u) 40 CFR 265.1080 through 265.1091 (Subpart CC), "Air 
Emission Standards for Tanks, Surface Impoundments, and 
Containers", are incorporated by reference including subsequent 
amendments and editions. 

(v) 40 CFR 265.1100 through 265.1102 (Subpart DD). 
"Containment Buildings", are incorporated by reference 
including subsequent amendments and editions. 

(w) 40 CFR 265.1200 through 265.1202 (Subpart EE), 
"Hazardous Waste Munitions and Explosives Storage", are 
incorporated b> reference including subsequent amendments and 
editions. 



(x) fvr^ Appendices to 40 CFR Part 265 are incorporated by 
reference including subsequent amendments and editions. 

Authority G.S. 130A-294{c): 150B-2I.6. 

Note: Text shown in bold print has been approved by the 
RRC and is pending the 1998 Legislative Session. 

.GUI STDS FOR THE MGMT OF SPECIFIC 

HW/TYPES HWM FACILITIES - PART 266 

(a) 40 CFR 266.20 through 266.23 (Subpart C), "Recyclable 
Materials Used in a Manner Constituting Disposal", are 
incorporated b> reference including subsequent amendments and 
editions. 

(fe) 4 CFR 266.30 through 266.35 (Subpart D), 

"Hazardou s Wa s te Burned for Energy Recovery", arc 
incorporated by reference inc l uding s ub s equent 



12:22 



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2006 



PROPOSED RULES 



amendments and edition s . 

(b) 40 CFR 266.70 (Subpart F), "Recyclable Materials 
Utilized for Precious Metal Recovery", is incorporated b) 
reference including subsequent amendments and editions. 

(c) 40 CFR 266.80 (Subpart G), "Spent Lead-Acid Batteries 
Being Reclaimed", is incorporated by reference including 
subsequent amendments and editions. 

(d) 40 CFR 266. 1 00 through 266.122 266.112 ( Subpart H ). 
"Hazardous Waste Burned in Boilers and Industrial Furnaces", 
are incorporated b\' reference including subsequent amendments 
and editions. 

te) 40 CFR 266.200 through 266.206 (Subpart M). "Military 
Munitions", are incorporated by reference including subsequent 
amendments and editions. 

(e)(jQ Appendices to 40 CFR Part 266 are incorporated by 
reference including subsequent amendments and editions. 

Authorin- G.S. 130A-294(c): 150B-21.6. 



(a) An application for licensure shall be completed on the 
forms provided by the Board and shall include 

(1 ) Proof of having passed the examination administered 
by the National Athletic Trainers" Association Board 
of Certification. Inc.. by enclosing a copy of the 
certification card. 

(2) Evidence of good moral character. 

(3) A copy of the diploma from a college or university in 
Sports Medicine or Athletic Training or a transcript 
showing the following courses of study or 
substantially similar courses of study: Human 
Anatomy. Human Physiology. 
Kinesiology /Biomechanics. Psycholog\'. Exercise 
Physiolog\. Prevention of Athletic Injuries. 
Evaluation of Athletic Injuries. First Aid and 
Emergency Care. Therapeutic Modalities. Therapeutic 
Exercise, Personal Community Health. Nutrition and 
Administration of Athletic Training Programs. 

(b) The license issuance fee shall accompany the application. 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS Authorin- G.S. 90-525: 90-52t 



CHAPTER 3 - NORTH CAROLINA BOARD OF 
ATHLETIC TRAINER EXAMINERS 

Notice is hereby given in accordance with G.S. 150B-2I.2 
that the North Carolina Board of Athletic Trainer 
Examiners intends to adopt rules cited as 21 NCAC 3 .0101 - 
.0103. .0201. .030! - .0304. .0401. Notice of Rule-making 
Proceedings was published in the Register on March 16. 1998. 

Proposed Effective Date: May 1. 1999 

A Public Hearing will be conducted at 1:00 p.m. on June 15. 
1998 at the Millis Center. High Point University High Point. 
NC. 

Reason for Proposed Action: During the 199" Session, the 
General Assembly established an occupational licensing board 
for athletic trainers. These rules implement the statutes 
concerning license applications, fees, continuing education, 
license renewal and disciplinaiy actions. 

Comment Procedures: Written comments should be sent to 
Jennie Dorsett, NC Board of Athletic Trainer Examiners, PO 
Box 10" 69, Raleigh, NC 2 "605. Oral comments will be received 
at the public hearing June 15, 1998. 

Fiscal Note: These Rules affects the expenditures or revenues 
of state funds, but do not affect local government funds. These 
Rules do not ha\-e a substantial economic impact of at least five 
million dollars ($5,000,000) in a 1 2-month period. 



.0101 



SECTION .0100 - LICENSURE 



APPLICATION FOR LICENSURE 



.0102 GOOD MORAL CHARACTER 

Evidence of good moral character shall be shown by two 
affidavits from persons not related to the applicant. 

Authority- G.S 90-525: 90-528: 90-529: 90-530. 

.0103 ATHLETIC TRAINERS NOT CERTIFIED 

Proof of practice in the State shall be shown by an emplo\er 
verification on a form provided b\ the Board. 

Authority G.S. 90-525: 90-530. 

SECTION .0200 - FEES 

.0201 FEES 

The following fees are payable to the Board by cash, check or 
money order: 

SIOO.OO 
S 50.00 
S 75.00 
S 10.00 



License Issuance Fee 
License Renewal Fee 
Reinstatement of Lapsed License Fee 
Duplicate License Fee 

Author it\- G.S. 90-525: 90-534. 



SECTION .0300 - RENEWAL OF LICENSE 

.0301 RENEWAL REQUEST FORM 

Requests for license renewal shall be submitted on the form 
provided by the Board. 

.Authority- G.S. 90-525: 90-532. 



.0302 



CONTINUING EDUCATION 



(a) Continuing education courses appropriate for license 
renewal are those in one or more of the following content areas: 



2007 



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12:22 



PROPOSED RULES 



Human Anatomy. Human Physiology, (4) Revocation. Revocation is the withdrawal of the 

Kinesiology/Biomechanics. Psychology, Exercise Physiology, privilege to practice as a licensed athletic trainer in the 

Prevention of Athletic Injuries, Evaluation of Athletic Injuries. State of North Carolina. 

First Aid and Emergency Care, Therapeutic Modalities, 

Therapeutic Exercise. Personal Community Health, Nutrition. Authority G.S. 90-525: 90-536. 

and Administration of Athletic Training Programs. 

(b) A licensee shall complete 80 contact hours of continuing 
education during a three-year license renewal period. Contact 
hours are defined as the number of actual clock hours spent. 
One semester hour of credit is equivalent to 1 contact hours. 

(c) Licensed athletic trainers who fail to document sufficient 
appropriate continuing education to renew their licenses shall be 
notified in writing of the deficiency and shall be allowed 45 days 
to respond. Continuing education cannot be undertaken during 
this period to supplement the deficiency. The licenses of athletic 
trainers who fail to respond within the 45-day period, or who are 
unable to provide sufficient continuing education shall lapse and 
be subject to the lapsed license requirements. 



CHAPTER 3 - NORTH CAROLINA BOARD OF 
ATHLETIC TRAINER EXAMINERS 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the North Carolina Board of Athletic Trainer 
Examiners/NC Medical Board intends to adopt rules cited as 21 
NCAC 3 .0501. Notice of Rule-making Proceedings was 
published in the Register on March 16. 1998. 

Proposed Effective Date: May 1. 1999 



Authority G.S. 90-525: 90-533. 

.0303 LAPSED LICENSE 

(a) The lapsed license may be renewed within a period of five 
years after expiration upon payment of the lapsed license fee and 
the completion 25 contact hours of continuing education for each 
year that the license has lapsed. 

(b) A license that has lapsed for more than five \ ears shall be 
renewed upon payment of the lapsed license fee and the 
completion of 28 hours of continuing education for each year 
that the license has lapsed. 

Authority G.S 90-525: 90-532. 

.0304 BOARD APPROVAL OF COURSES 

The Board shall approve any of the following programs or 
courses: 

(1) Those provided by a college or university authorized 
to grant degrees. 

(2) Those sponsored by the North Carolina Athletic 
Trainers" Association. 

(3) Those that the Board is satisfied meet the requirement 
if G.S. 90-533. 

Authority G.S 90-525: 90-533. 

SECTION .0400 - DISCIPLINARY PROCEDURES 

.0401 DISCIPLINARY ACTIONS 

Board disciplinary actions may include the following: 



LU 



t2J 



01 



Reprimand. Reprimand is a public rebuke for 

misconduct as an athletic trainer. 

Restriction. Restriction is a stay of suspension or 



A Public Hearing will be conducted at 12:00 p.m. on June 15. 
1998 at the Millis Center, High Point Universitw High Point, 
NC. 

Reason for Proposed Action: During the 1997 Session, the 
General Assembly established an occupational licensing board 
for athletic trainers. This rule defines the content, format, and 
minimum requirements of the practice protocol for athletic 
trainers. 

Comment Procedures: Written comments should he sent to 
Jennie Dorsett, NC Board of .Athletic Trainer Examiners, PO 
Box 10769, Raleigh, NC 27605. Oral comments will be received 
at the public hearing June 15. 1998. 

Fiscal Note: 777/5 Rule does not affect the expenditures or 
revenues of state funds or local government funds. These Rules 
do not have a substantial economic impact of at least five 
million dollars (85,000.000) in a 1 2-month period. 

SECTION .0500 - ATHLETIC TRAINER PROTOCOL 

.0501 MINIMUIVI REQUIREMENTS 

Th e practic e protocol for e ach athl e tic train e r pursuant to G.S. 
90 523( 1 ) shall b e individualiz e d to accommodat e th e skills of 
th e athl e tic train e r and th e collaborating physician, and shall b e 
consist e nt with th e third or succ ee ding e ditions of Th e Rol e 
D e lin e ation Study of th e National Athletic Train e rs Board of 
C e rtification. Inc.. publish e d for th e National Athl e tic Train e rs 
Association Board of C e rtification, Inc., incorporat e d h e r e in by 
r e f e r e nc e . All or portions of Th e Rol e D e lin e ation Study of th e 
National Athl e tic Train e rs Board of C e rtification, Inc. may b e 
incorporat e d by r e f e r e nc e into th e writt e n protocol of an athl e tic 



revocation allowing limited practice within conditions train e r submitt e d to th e North Carolina M e dical Board pursuant 



stipulated b\ the Board. 

Suspension. Suspension is the withdrawal of the 

privilege to practice for a specified time. 



to G.S. 90 523( I ). Th e Athl e tic Train e r and th e physician shal l 
sign and til e a s tat e m e nt with th e North Carolina M e dical Board 
agr ee ing to abid e by th e protocol. — Copi e s of — Th e Rol e 



12:22 



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May 15, 1998 



2008 



PROPOSED RULES 



D e lin e ation Stud>' of th e National Athl e tic Train e rs Board of 
C e rtification. Inc.. ma\ b e obtain e d from the publish e r at cost. 
Th e addr es s of th e publish e r may b e obtain e d from th e North 
Carolina Board of ;\thl e tic Train e r Examin e rs. 

The practice protocol for each athletic trainer pursuant to G.S. 
90-523( 1 ) shall be a jjeneral outline of practices for which the 
athletic trainer has been trained and shall be individualized to 
accommodate the skills of the athletic trainer. The practice 
protocol shall not allow the athletic trainer to undertake medical 
diagnosis or to prescribe or dispense controlled substances. The 
practice protocol shall not allow the athletic trainer to 
independenth provide treatments for athletes with fractures. 



head or spinal injuries, or other serious medical conditions, 
except the athletic trainer mav render appropriate first aid or 
emergencN care. The protocol shall specifS provisions for 
ph\sician invohement m the event of serious injuries. The 
athletic trainer and the ph\sician shall sign and file a statement 
with the North Carolina Medical Board agreeing to abide by the 
protocol. The format of the protocol shall be typewritten on 
letter size paper. 

Author in- G.S. 90-523: 90-525. 



2009 



NORTH CAROLINA REGISTER 



Mav J 5, J 998 



12:22 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant to 
G.S. 150B-2 1.1(e), publication of a temporary rule in the North Carolina Register serves as a notice of rule-making 
proceedings unless this notice has been previously published by the agency. 



TITLE 16 - DEPARTMENT OF PUBLIC EDUCATION 

Rule-making Agency: State Board of Education 

Rule Citation: 16NCAC 6D .0103: 16 NCAC 6G .031 1 

Effective Date: April 24. 1998 

Findings Reviewed by Beecher R. Gray: Approved 16 NCAC 
6D.0103: Objected 16 NCAC 6G.0311 

Authority for the rule-making: G.S. 115C-12(9)c; 11 SC- 
SI (a): 115C-105.38A 

Reason for Proposed Action: 16 NCAC 6D .0103 - Regarding 
computer skills, many schools, parents and students expected the 
provision to be in effect at present. They expressed concern that 
the provision might be delayed and requested that it he put back 
into effect. Regarding eartii/environmental science, many 
school systems have indicated that they need an additional year 
to prepare staff and to develop curriculum before this 
requirement is effective. 

16 NCAC 6G .031 1 - The Excellent Schools Act enacted G.S. 
1 15C-105.38A, which requires the State Board of Education to 
require all certified staff members in schools that have been 
identified as low-performing and to which the Board has 
assigned an assistance team to pass a general knowledge test. 

Comment Procedures: Questions or written comments 
regarding these matters may he directed to Harry E. Wilson, 
Rule-Making Coordinator, 2086 Education Bldg., 301 N. 
Wilmington St., Raleigh, NC 27601-2825: (919) 715-1310. 

CHAPTER 6 - ELEMENTARY AND SECONDARY 
EDUCATION 

SUBCHAPTER 6D - INSTRUCTION 

SECTION .0100 - CURRICULUM 

.0103 GRADUATION REQUIREMENTS 

(a) In order to graduate and receive a high school diploma, 
public school students must meet the requirements of Paragraph 
(b), and attain passing scores on competency tests adopted by the 
SBE and administered by the LEA. Students who satisfy all state 
and local graduation requirements but who fail the competency 
tests will receive a certificate of achievement and transcript and 
shall be allowed by the LEA to participate in graduation 
exercises. 

(1) The passing score for the competency test, which is 



the same as grade-level proficiency as set forth in 
Rule .0304 of this Subchapter, shall be level 111 or 
higher. The four possible levels of achievement on 
these tests and for all tests administered pursuant to 
Section .0300 of this Subchapter, shall be: 

(A) Level I - fails to achieve at a basic level. 
Students performing at this level do not have 
sufficient mastery of knowledge and skills in 
this subject area to be successful at the next 
grade level. 

(B) Level II - achieves at a basic level. Students 
performing at this level demonstrate 
inconsistent mastery of knowledge and skills 
that are fundamental in this subject area and 
that are minimally sufficient to be successful at 
the next grade level. 

(C) Level III - achieves at a proficient level. 
Students performing at this level consistently 
demonstrate mastery of grade level subject 
matter and skills and are well prepared for the 
next grade level. 

(D) Level IV - achieves at an advanced level. 
Students performing at this level consistently 
perform in a superior manner clearly beyond 
that required to be proficient at grade level 
work. 

(2) Special education students may apply in writing to be 
exempted from taking the competency tests. Before 
it approves the request, the LEA must assure that the 
parents, or the child if aged 1 8 or older, understand 
that each student must pass the competency tests to 
receive a high school diploma. 

(3) Any student who has failed to pass the competency 
tests by the end of the last school month of the year in 
which the student's class graduates may receive 
additional remedial instruction and continue to take 
the competency tests during regularly scheduled 
testing until the student reaches maximum school age. 

(b) In addition to the requirements of Paragraph (a), students 
must successfully complete 20 course units in grades 9-12 as 
specified below. 

(I) Effective with the class entering ninth grade for the 
1998-99 school year, the 20 course units must 
include: 

(A) four units in English, which must be English I, 
II, III, and IV; 

(B) three units in mathematics, one of which must 
be Algebra I; 

(C) three units in social studies, one of which must 
be in government and economics, one in 
United States history and one in world studies; 

(D) three units in science, one of which must be 



12:22 



NORTH CAROLINA REGISTER 



May 15, 1998 



2010 



TEMPOIL4R Y RULES 



biology, one a physical science, and effective 
with the class of 2003, one earth/environmental 
science; 

(E) one unit in physical education and health; and 

(F) six units designated by the LEA, which may be 
undesignated electives or courses designated 
from the standard course of study. 

(2) LEAs may count successful completion of course 
work in the ninth grade at a school system which does 
not award course units in the ninth grade toward the 
requirements of this Rule. 

(3) LEAs may count successful completion of course 
work in grades 9-12 at a summer school session 
toward the requirements of this Rule. 

(4) LEAs ma\ count successful completion of course 
work in grades 9-12 at an off-campus institution 
toward the requirements of this Rule. No high school 
ma\ approve enrollment in post-secondan. institutions 
during the regular school year in excess of five 
percent of its enrollment in grades 10-12 except as 
allowed by the SBE. 23 NCAC 2C .0301 governs 
enrollment in community college institutions. 

(c) Effective with the class of 3003 2001 . all students must 
demonstrate computer proficiency as a prerequisite for high 
school graduation. The passing scores for this proficiency shall 
be 47 on the multiple choice test and 49 on the performance test. 
This assessment shall begin with all e ighth grad e rs during th e 
1997 9 8 school y e ar at the eighth grade . A student with 
disabilities shall demonstrate proficiency by the use of a 
portfolio if this method is required by the student's lEP. 

fe)(dj Effective with the class entering ninth grade for the 
1992-93 school Near, special needs students as defined b> G.S. 
1 15C-109, excluding gifted and pregnant, who do not meet the 
requirements for a high school diploma will receive a graduation 
certificate and shall be allowed to participate in graduation 
exercises if they meet the following criteria: 

(1) successful completion of 20 course units b\ general 
subject area (4 English, 3 math, 3 science, 3 social 
studies, 1 health and physical education, and 6 local 
electives) under Paragraph (b). These students are not 
required to pass the specifically designated courses 
such as Algebra 1, Biology or United States history, 

(2) completion of all lEP requirements. 

Histon- Note: Authority- G.S. U5C-!2(9)c.: 115C-8Ua): N.C. 

Constitution. .Article L\. Sec. 5: 

Eff.July I. 19H6: 

Amended Ejf. Jamian I. 1998: January I. 1993: July I. 1992: 

Temporan- Amendment Eff. April 24. 1998. 

SUBCHAPTER 6G - EDUCATION AGENCY 
RELATIONS 

SECTION .0300 - SCHOOL-BASED MANAGEMENT 
AND ACCOUNTABILITY PROGRAM 



(a) The general knowledge test administered to certified staff 
in low-performing schools under G.S. 1 15C-105.38A shall be 
the reading and essay subtests of the Florida College-Level 
Academic Skills Test. 

(b} To be required to take the general knowledge test, a 
certified staff member shall have been assigned to the school at 
the time that the end-of-year student tests that led to 
identification of the school as low -performing were 
administered, shall have been assigned to that school for at least 
five gay periods prior to the pay period during which the end-of- 
year student tests were administered, and shall have been 
assigned to the school for more than 75° o of the instructional dav 
during the five p a\ periods of assignment. 

Histoiy Note: A uthority G.S. 1 1 3C- 1 05. 38 A : 

Codlfier of Rules Objected to the Findings of Need for the 

Temporan- Rule Eff. .April [x 1998: 

TemporaiT Adoption Eff April 24. 1998. 



.031 1 GENERAL KNOWLEDGE TEST FOR 
CERTIFIED STAFF 



2011 



NORTH CAROLINA REGISTER 



May 15, 1998 



12:22 



APPROVED RULES 



This Section includes the Register Notice citation to Rules approved by the Rules Review Commission (RRC) at its meeting 
of February 19. 1998 pursuant to G.S. 150B-21. 1 7(a)(1) and reported to the Joint Legislative Administrative Procedure 
Oversight Committee pursuant to G.S. 150B-21.16. The full text of rules are published below when the rules have been 
approved by RRC in a form different from that originally noticed in the Register or when no notice was required to be 
published in the Register. The rules published in full text are identified by an * in the listing of approved rules. Statutoiy 
Reference: G.S. 150B-21.17. 

These rules unless otherwise noted, will become effective on the 31st legislative day of the 1998 Short Session of the General 
.Assembly or a later date if specified by the agency unless a bill is introduced before the 31st legislative day that specifically 
disapproves the rule. If a bill to disapprove a rule is not ratified, the rule will become effective either on the day the bill 
receives an unfavorable final action or the day the General .Assembly adjourns. Statutoiy reference: G.S. I50B-21.3. 



APPROVED RULE CITATION 



REGISTER CITATION TO THE 
NOTICE OF TEXT 



10 


NCAC 


OIB 


.0502* 




10 


NCAC 


03D 


.0915- 


.0916* 


10 


NCAC 


03D 


.0925* 




10 


NCAC 


03 D 


.1202- 


.1203* 


10 


NCAC 


03 D 


.1301 - 


.1302* 


10 


NCAC 


03 D 


.1401* 




10 


NCAC 


03 D 


.1403* 




10 


NCAC 


14V 


.7101 - 


.7103* 


10 


NCAC 


14V 


.7105* 




15A 


NCAC 


02 B 


.0224* 




15A 


NCAC 


02B 


.0232 - 


.0235* 


15A 


NCAC 


02 B 


.023S - 


.0239* 


15A 


NCAC 


02B 


.0303* 




15A 


NCAC 


02B 


.0304* 




15A 


NCAC 


028 


.030S* 




15A 


NCAC 


02 B 


.0313* 




15A 


NCAC 


02D 


.1005* 




15A 


NCAC 


02L 


.0115* 




15A 


NCAC 


02N 


.0707* 




15A 


NCAC 


02R 


.0501 - 


.0502* 


15A 


NCAC 


02R 


.0504* 




15A 


NCAC 


07H 


.0106* 




15A 


NCAC 


07H 


.0201 - 


.0202 


15A 


NCAC 


07H 


.0204 




15A 


NCAC 


07H 


.0205 - 


.0206* 


15A 


NCAC 


07H 


.020S* 




15A 


NCAC 


07M 


.1201 - 


.1202* 


15A 


NCAC 


lOF 


.0330 




15A 


NCAC 


lOF 


.0339 




15A 


NCAC 


ISA 


.2301 - 


.2304* 


15A 


NCAC 


ISA 


.2306* 




15A 


NCAC 


ISD 


.0105* 




15A 


NCAC 


ISD 


.0307 




15A 


NCAC 


18D 


.0309* 




15A 


NCAC 


ISD 


.0701* 




16 


NCAC 


07 


.0201* 




16 


NCAC 


07 


.0301 




16 


NCAC 


07 


.0302 - 


.0303* 


21 


NCAC 


12 


.0901 




21 


NCAC 


12 


.0903* 




21 


NCAC 


12 


.0904 




21 


NCAC 


46 


.1603- 


.1604 



NCR 747 

NCR 341 

NCR 342 

NCR 348 

NCR 349 

NCR 352 

NCR 353 

NCR 460 

NCR 461 

NCR 973 

NCR 468 

NCR 473 

NCR 977 

NCR 6 

NCR2121 

NCR416 

NCR 278 

NCR 1643 

NCR 1650 

NCR 695 

NCR 696 

NCR 2058 

NCR 2059 

NCR 2059 

NCR 2059 

NCR 2060 

NCR 2068 

NCR 921 

NCR 921 

NCR520-150B-21.5(b)(3) 

NCR730-150B-21.5(bX3) 

NCR 922 

NCR 924 

NCR 925 

NCR 922 

NCR 1052 

NCR 1052 

NCR 1052 

NCR 293 

NCR 293 

NCR 294 

NCR 799 



J2:22 



NORTH CAROLINA REGISTER 



May 15, 1998 



2012 



APPROVED RULES 



21 


NCAC 


46 


.1813* 


12:09 NCR 801 




21 


NCAC 


46 


.2201* 


12:09 NCR 801 




21 


NCAC 


50 


.0106*AmendedEff. 6-11-98 


not required, G.S. 


150B-2 1.5(a)(4) 


21 


NCAC 


50 


.0202* Amended Eff. 6-11-98 


not required, G.S. 


150B-2 1.5(a)(4) 


21 


NCAC 


50 


.1201*AmendedEff. 6-11-98 


not required. G.S. 


150B-2 1.5(a)(4) 


21 


NCAC 


50 


.1205 - .1206* Amended Eff. 6-1 1-98 


not required. G.S. 


1508-21. 5(a)(4) 


21 


NCAC 


50 


.1302*Amended Eff 6-11-98 


not required. G.S. 


150B-2 1.5(a)(4) 


23 


NCAC 


OlA 


.0001* 


12:09 NCR 802 




23 


NCAC 


02 D 


.0301* 


12:09 NCR 809 




23 


NCAC 


02 D 


.0327* 


12:09 NCR 814 





TITLE 10 - DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 

CHAPTER 1 - DEPARTMENTAL RULES 

SUBCHAPTER IB- PROCEDURE 

SECTION .0500 - REIMBURSEMENT 

.0502 COST REPORTING: FOR FACILITIES THAT 
SERVE STATE/COUNTY SPECIAL 
ASSISTANCE RESIDENTS 

(a) Each facility which serves State/Count> Special 
Assistance residents shall prepare and submit a report of its costs 
and other financial information. Facilities shall prepare and 
submit the cost report on the fiscal year as defined in G.S. 131 D- 
4.2. Facilities that fail to file their cost reports by the due date 
are subject to enforcement actions for non-compliance as 
defined in G.S. 131D-4.2. If the Department of Health and 
Human Services (DHHS) finds good cause for delay, it mas 
extend the deadline for filing the report for up to an additional 
30 da\s. A good cause is an action that is uncontrollable by the 
provider. 

(b) The cost report shall be submitted on forms provided b\ 
the Office of the DHHS Controller. 

The Department of Health and Human Services shall make the 
cost report format available to each facility on or before the last 
day of the fiscal year report period. 

Hisloiy Note: Atithorln- G. S. 1310-4.2 lb): I43B-I0: 
Eff. August 1. 1998. 



both sides and on the rear of the vehicle body. 

(c) Category II ambulances may not use emergency medical 
symbols, such as the Star of Life, block design cross, or any 
other medical markings, symbols, or emblems, including the 
word "EMERGENCY." on the vehicle. 

Histoiy Note: Authority- G.S. 1 31 E-1 57(a): 
Eff. December I. 1989: 
Amended Eff: .Aiisust I, 1998. 

.0916 GENERAL AMBULANCE REQUIREMENTS 

The exterior of the ambulance and the patient area of the 
ambulance, to include interior and equipment surfaces, shall be 
maintained in a clean manner and shall be managed at all times 
in accordance with the infection control policy approved by 
count> government. Provisions shall be available for the storage 
of both stocked medical supplies and bedding materials as well 
as for soiled supplies. 

Histoiy Note: Authority G.S. 131 E-1 57(a): 
Eff. December 1 . 1989: 
Amended Eff. August 1, 1998. 

.0925 INFECTIOUS DISEASE 

When an ambulance has been utilized to transport a patient 
known to the licensed ambulance providers to have a 
communicable disease as defined in G.S. 130A- 133(1). the 
licensed ambulance provider shall ensure that the ambulance, 
including its equipment and supplies, is taken out of service until 
appropriately cleansed and disinfected according to the infection 
control policN approved by county government. 



CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3D - RULES AND REGULATIONS 

GOVERNING AMBULANCE SERVICE AND 

TRAUMA SYSTEMS 

SECTION .0900 - VEHICLES 

.0915 AMBULANCE LETTERING: MARKINGS: 
SYMBOLS AND EMBLEMS 

(a) Each ambulance must have the name of the ambulance 
provider permanentl} displaced on each side of the vehicle. 

(b) Category II ambulances must have the words 
"CONVALESCENT AMBULANCE" permanently lettered on 



History Note: A uthority G.S. 131 E- 15 7(a) : 
Eff December 1. 1989: 
.Amended Eff. August 1. 1998. 

SECTION .1200 - TRAINING AND PERFORMANCE 
OF PERSONNEL 

.1202 CRITERIA FOR CERTIFIED EMT 
INSTRUCTOR 

A certified EMT Instructor as defined in Rule .0802 of this 
Subchapter shall meet the following criteria: 

(I ) Recognition from the Office of Emergency Medical 
Services that he meets the following standards of the 
Certified EMT Instructor Program: 



2013 



NORTH CAROLINA REGISTER 



May 15. 1998 



12:22 



APPROVED RULES 



(a) Current North Carolina certification as an 
EMT, EMT-defibriilation technician, 
EMT-intermediate, or EMT-paramedic; 

(b) Three years experience within the last five 
years of direct chnical patient contact in critical 
or emergency care; 

(c) Documentation of 100 hours of formal, 
classroom teaching experience; 

(d) Successful completion of the U.S. Department 
of Transportation's, EMT Instructor Course or 
equivalent; 

(e) High school diploma or General Education 
Development certificate; 

(f) Current affiliation with an approved teaching 
institution; and 

(g) Be recommended for certification by the 
approved teaching institution with which the 
person is affiliated. 

(2) Annually attends an EMT Evaluator and 
Instructor/Coordinator Workshop offered by the 
Office of EmergencN' Medical Services. 

(3) Certification shall be valid for a period not to exceed 
four years. 

(4) To be recertified as an EMT Instructor, a person shall 
meet the following criteria; 

(a) Current North Carolina certification as an 
EMT, EMT-defibriliation technician, EMT- 
intermediate, or EMT-paramedic; 

(b) Clinical patient care experience in critical or 
emergency care within the last two years; 

(c) Current affiliation with an approved teaching 
institution; and 

(d) Be recommended for recertification by the 
approved teaching institution with which the 
person is affiliated. The recommendation must 
address the instructional performance of the 
candidate as well as the number of courses 
taught during the previous certification period. 

History Note: Authont\- G.S. I31E-159(b): G.S. 143-507(c): 
143-508: S.L 1983. c.l034.s.98: 
Ejf. December 1, 1989: 
Amended Eff. August 1 . 1998. 



tenth grade level, 
(b) Didactic component: 

(i) Module 1: Preparatory; 
(ii) Module 2: Airway; 
(iii) Module 3; Patient Assessment; 
(iv) Module 4: Cardiac Emergencies; 
(v) Module 5: Illness and Injury; 
(vi) Module 6; Childbirth and Children; 
(vii) Module 7; EMS Operations; and 
(viii) Module 8: Course Evaluations. 

(2) Emergency Medical Technician Curriculum: 

(a) Course Prerequisites: 

(i) High school diploma or general 
education development (GED); or 

(ii) Successful completion of an entrance 
examination assessing basic reading 
comprehension skill at a minimum at the 
tenth grade level. 

(b) Didactic component: 

(i) Module 1 : Preparatory; 

(ii) Module 2: Airway/CPR; 
(iii) Module 3: Patient Assessment; 
(iv) Module 4: Medical/Behavioral & 
Obstetrics/Gynecology; 

(v) Module 5: Trauma; 
(vi) Module 6: Infants and Children; 
(vii) Module 7: EMS Operations; 
(viii) Module 8: Course Evaluations; and 
(ix) Module 9: Clinical Education. 

(3) Medical Responder / Emergency Medical Technician 
Refresher Curriculum: 

(a) Module 1 : Preparatory; 

(b) Module 2: Airway; 

(c) Module 3: Patient Assessment; 

(d) Module 4: Medical/Behavioral; 

(e) Module 5: Trauma; 

(f) Module 6: Obstetrics, Infants and Children; 
and 

(g) Module 7: EMS Operations. 

HistoiyNote: Authority G.S. 1 31 E-1 59(b): 
Ejf. December 1. 1989: 
Amended Eff. .Ausust 1. 1998. 



.1203 EDUCATIONAL PROGRAMS 

Educational programs intended to qualifS personnel for 
certification or recertification as Medical Responders or 
Emergency Medical Technicians must be approved by the Office 
of Emergency Medical Services, offered by an approved 
teaching institution, and meet the appropriate following 
guidelines: 

(1) Medical Responder Curriculum: 
(a) Course Prerequisites: 

(i) High school diploma or general 

education development (GED); or 
(ii) Successful completion of an entrance 
examination assessing basic reading 
comprehension skill at a minimum at the 



SECTION .1300 - CERTIFICATION 

REQUIREMENTS FOR BASIC LIFE 

SUPPORT PERSONNEL 

.1301 CERTIFICATION REQUIREMENTS: 
MEDICAL RESPONDER 

(a) To become certified as a Medical Responder. a person 
shall successfully complete either of the following options 
within one year of the approved educational program course 
completion date: 
(1) OPTION I 

(A) Be at least 18 years of age; 

(B) Successfully complete an approved Medical 
Responder program meeting the requirements 



12:22 



NORTH CAROLINA REGISTER 



May 15, 1998 



2014 



APPROVED RULES 



found in Rule .1203(1) of this Subchapter. 
When the approved educational program was 
completed over one >ear prior to application, a 
person shall submit evidence of completion of 
continuing education in emergency medicine 
taken in the past year to the Office of 
Emergency Medical Services; 

(C) Pass a basic life support practical examination 
administered by the Office of Emergency 
Medical Services; and 

(D) Pass a Medical Responder written examination 
administered b\ the Office of Emergency 
Medical Services; or 

(2) OPTION 11 

(A) Be at least 18 \ears of age; 

(B) Successfijlly complete an approved Emergencv 
Medical Technician program meeting the 
requirements found in Rule .1203(2) of this 
Subchapter. When the approved educational 
program was completed over one year prior to 
application, a person shall submit evidence of 
completion of continuing education in 
emergencv medicine taken in the past year to 
the Office of Emergencv Medical Services; 

(C) Pass a basic life support practical examination 
administered b>' the Office of Emergency 
Medical Services; and 

(D) Complete an Emergencv Medical Technician 
written examination administered by the Office 
of Emergency Medical Services and achieve a 
minimum score of 70°o on the Medical 
Responder subset contained within the 
Emergencv Medical Technician written 
examination. 

(b) Persons holding current certification equivalent to a 
Medical Responder with the National Registrv of Emergencv 
Medical Technicians or in another state where the education and 
certification requirements have been approved for legal 
recognition bv the Office of Emergency Medical Services mav 
become certified bv : 

(1) Presenting evidence of such certification for 
verification bv the Office of Emergency Medical 
Services; and 

(2 ) Be at least 1 8 vears of age. 

(c) Certification obtained through legal recognition shall be 
valid for a period not to exceed the length of the current 
certification or a period not to exceed four vears whichever is 
shorter. No certification shall be valid for a period exceeding 
four vears. Persons who live in a state that borders North 
Carolina and are currentlv affiliated with an ambulance provider 
in North Carolina mav continue to obtain a North Carolina 
certification through legal recognition if they continue to meet 
the recertification requirements in the state in which thev reside. 
Persons v\ho live in North Carolina and are currentlv certified in 
another state that borders North Carolina mav continue to obtain 
a North Carolina certification through legal recognition if thev 
continue to meet the recertification requirements in the state in 
which thev are certified. Persons who were previouslv certified 



in North Carolina and are currently certified in another state or 
with the National Registry of Emergency Medical Technicians, 
shall present evidence of continuing education and skill 
evaluation prior to becoming certified through legal recognition, 
(d) To become recertified as a Medical Responder a person 
must successfully complete either of the following options: 

(1) OPTION I 

(A) A continuing education program consisting of 
a minimum of 48 hours during each tvvo year 
period of the person's four year certification 
period conducted under the direction of a 
Certified EMT Instructor. The continuing 
education program shall meet the requirements 
found in Rule .1203(3) of this Subchapter. 

(B) A continuing education program consisting of 
a minimum of 48 hours during each two year 
period of the person's four year certification 
period conducted under the direction of a 
Medical Director as defined in 21 NCAC 32H 
.0102(8). The continuing education program 
shall meet the requirements found in Rule 
.1203(3) of this Subchapter; and 

(C) A basic life support skill evaluation(s) 
approved by the Office of Emergency Medical 
Services conducted under the direction of a 
Certified EMT Instructor or Medical Director 
as defined in 21 NCAC 32H .0102(8) assessing 
the abiiitv' to perform the skills of a Medical 
Responder; or 

(2) OPTION II 

(A) A continuing education program consisting of 
a minimum of 96 hours during the person's 
four year certification period conducted under 
the direction of a Certified EMT Instructor. 
The continuing education program shall meet 
the requirements found in Rule .1203(3) of this 
Subchapter. 

(B) A basic life support practical examination 
administered by the Office of Emergency 
Medical Services; or 

(3) OPTION III 

(A) An approved Medical Responder refresher 
course conducted under the direction of a 
Certified EMT Instructor consisting of a 
minimum of 48 hours during the person's last 
year of certification. This refresher course 
shall meet the requirements found in Rule 
.1203(3) of this Subchapter, 

(B) A basic life support practical examination 
administered by the Office of Emergency 
Medical Serv ices; and 

(C) A Medical Responder written examination 
administered bv the Office of Emergency 
Medical Serv ices. 

Hision- Xote: AiithorinG.S. 13IE-]59(aj: 1984 S.L, c. 1034. 
s. 98: S.L. 1983. c. 1034. s. 98: 
Eff. December 1. 1989: 



2015 



NORTH CAROLINA REGISTER 



May 15, 1998 



12:22 



APPROVED RULES 



Amended Ejf. Ausust 1^ 1998 ; February 1, 1996; Februaiy 1. 
1994. 

.1302 CERTIFICATION REQUIREMENTS: 

EMERGENCY MEDICAL TECHNICIAN 

(a) To become certified as an Emergency Medical Technician, 
a person shall meet the following criteria within one year of the 
approved educational program course completion date: 

( 1 ) Be at least 1 8 years of age: 

(2) Successfully complete an approved Emergency 
Medical Technician program meeting the 
requirements found in Rule .1203(2) of this 
Subchapter. When the approved educational program 
was completed over one year prior to application, a 
person shall submit evidence of completion of 
continuing education in emergency medicine taken in 
the past year to the Office of Emergency Medical 
Services: 

(3) Pass a basic life support practical e.xamination 
administered by the Office of Emergency Medical 
Services; and 

(4) Pass an Emergency Medical Technician written 
examination administered by the Office of Emergency 
Medical Services. 

(b) Persons holding current certification equivalent to an 
Emergency Medical Technician with the National Registry of 
Emergency Medical Technicians or in another state where the 
educational and certification requirements have been approved 
for legal recognition by the Office of Emergency Medical 
Services may become certified by: 

(1) Presenting evidence of such certification for 
verification by the Office of Emergenc\ Medical 
Services; and 

(2) Be at least 1 8 years of age. 

(c) Certification obtained through legal recognition shall be 
valid for a period not to exceed the length of the current 
certification or a period not to exceed four years whichever is 
shorter. No certification shall be valid for a period exceeding 
four years. Persons who live in a state that borders North 
Carolina and are currently affiliated with an ambulance provider 
in North Carolina may continue to obtain a North Carolina 
certification through legal recognition if they continue to meet 
the recertification requirements in the state in which they reside. 
Persons who live in North Carolina and are currently certified in 
another state that borders North Carolina may continue to obtain 
a North Carolina certification through legal recognition if they 
continue to meet the recertification requirements in the state in 
which they are certified. Persons who were previously certified 
in North Carolina and are currently certified in another state or 
with the National Registry of Emergency Medical Technicians, 
shall present evidence of continuing education and skill 
evaluation prior to becoming certified through legal recognition. 

(d) To become recertified as an Emergency Medical 
Technician a person shall successfully complete either of the 
following options: 

(1) OPTION I 

(A) A continuing education program consisting of 
a minimum of 48 hours during each two year 



period of the person's four year certification 
period conducted under the direction of a 
Certified EMT Instructor. The continuing 
education program shall meet the requirements 
found in Rule .1203(3) of this Subchapter. 

(B) A continuing education program consisting of 
a minimum of 48 hours during each two year 
period of the person's four year certification 
period conducted under the direction of a 
Medical Director as defined in 2 1 NC AC 32H 
.0102(8). The continuing education program 
shall meet the requirements found in Rule 
.1203(3) of this Subchapter; and 

(C) A basic life support skill evaluation(s) 
approved by the Office of Emergency Medical 
Services conducted under the direction of a 
Certified EMT Instructor or Medical Director 
as defined in 21 NCAC 32H .0102(8) 
assessing the ability to perform the skills of an 
Emergency Medical Technician; or 

(2) OPTION II 

(A) A continuing education program consisting of 
a minimum of 96 hours during the person's 
four year certification period. The continuing 
education program shall meet the requirements 
found in Rule .1203(3) of this Subchapter. 

(B) A basic life support practical examination 
administered by the Office of Emergency 
Medical Services; or 

(3) OPTION 111 

(A) An approved Emergency Medical Technician 
refresher course consisting of a minimum of 48 
hours during the person's last year of 
certification. This refresher course shall meet 
the requirements found in Rule .1203(3) of this 
Subchapter. 

(B) A basic life support practical examination 
administered by the Office of Emergency 
Medical Services; and 

(C) An Emergency Medical Technician written 
examination administered by the Office of 
Emergency Medical Services. 

History Note: Authority G.S. 1 31 E-1 59(b); 1984 S.L., c. 1034, 

s. 98;S.L 1983, c. 1034, s. 98; 

Eff. December I. 1989; 

Amended EJf. August 1_^ 1998 ; February 1, 1996; Februaiy 1, 

1994. 

SECTION .1400 - ADMINISTRATION 

.1401 LICENSE, PERMIT OR CERTIFICATION 
DENIAL, SUSPENSION, AMENDMENT OR 
REVOCATION 

(a) The Department may deny, suspend, or revoke the permit 
of a specific vehicle for any of the following reasons: 

( 1 ) Failure to substantially comply with the requirements 



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of Section .0900 of this Subchapter; 

(2) Obtaining a permit through fraud or 
misrepresentation; or 

(3) Failure to provide emergency medical care to the 
defined ambulance service area in a timeK and 
professional manner. 

(b) The Department ma\' issue a temporarv permit for a 
specific vehicle whenever the Department finds that: 

(1) the ambulance pro\'ider to which that vehicle is 
assigned has substantially failed to compK uith the 
provisions of G.S. 13 IE. Article 7 and the rules 
adopted under that article; and 

(2) there is a reasonable probabilit> that the ambulance 
pro\ ider can remed_\ the permit deficiencies \\ ithin a 
reasonable length of time; and 

(3) there is a reasonable probabilitv' that the ambulance 
provider will be able thereafter to remain in 
compliance with the rules regarding ambulance 
permits for the foreseeable future. 

(c) The Department shall give the ambulance pro\ ider written 
notice of the temporarv ambulance permit. This notice shall be 
given personally or b\ certified mail and shall set forth: 

( 1 ) the length of the temporarv ambulance permit not to 
exceed 60 da\s; 

(2) a cop\' of the ambulance inspection form; 

(3) the statutes or rules alleged to be violated; and 

(4) notice to the ambulance pro\ ider's right to a contested 
case hearing on the temporan. ambulance permit. 

(d) The temporan. ambulance permit shall be effective 
immediateh upon its receipt b\ the ambulance provider. The 
temporan. ambulance permit shall remain in effect until: 

(1) the Department restores the \ehicle to full pemiitted 
status; or 

(2) the Department re\'okes the vehicle's ambulance 
permit. 

(e) The Department ma\ den\. suspend, or revoke the 
certification of a BLS professional or Certified EMT instructor 
for an\ of the following reasons; 

(1) Failure to compK with the applicable performance 
and certification requirements as found in this 
Subchapter; 

(2) Immoral conduct; 

(3) Making false statements or representations to the 
Office of Emergency Medical Ser\ ices or willfull_\ 
concealing of material information in connection with 
an application for certification; 

(4) Being unable to perform as a BLS professional with 
reasonable skill and safet\- to patients and the public 
b\ reason of illness, drunkenness, excessive use of 
alcohol, drugs, chemicals, or an\ other t\pe of 
material or b\ reason of any ph\sical or mental 
abnormalit>; 

(5) Unprofessional conduct, including but not limited to 
a failure to compK with the rules relating to the 
proper function of a BLS professional or certified 
EMT instructor contained in this Subchapter or the 
performance of or attempt to perform a procedure 
which is detrimental to the health and safen of a 



patient or which is beyond the scope and 
responsibility of the BLS professional or certified 
EMT instructor;- 

(6) Conviction in any court of a crime involving moral 
turpitude, a conviction of a felon\'. or conviction of a 
crime involving the function of a BLS professional; 

(7) B\ false representations obtaining or attempting to 
obtain money or an\lhing of value from a patient; 

(8) Adjudication of mental incompetence; 

(9) Lack of professional competence to practice with a 
reasonable degree of skill and safetv for patients 
including but not limited to a failure to perform a 
prescribed procedure, failure to perform a prescribed 
procedure competentK or performance of a procedure 
which is not within the scope of the official duties of 
the BLS professional; 

( 10) Failure to respond within a reasonable period of time 
and in a reasonable manner to inquires from the 
Office of Emergencv Medical Services concerning 
anN matter relating to the practice of a BLS 
professional or certified EMT instructor; 

(11) Testing positive for substance abuse b\ blood, urine 
or breath testing while on dutv as a BLS professional 
or certified EMT instructor; or 

(12) Representing or allowing others to represent that the 
BLS professional or Certified EMT instructor has a 
certification that the BLS professional or certified 
EMT instructor does not in fact have. 

(f) The Department ma\ amend an) Ambulance Provider 
License by reducing it from a full license to a provisional license 
whenever the Department finds that: 

( 1 ) the licensee has substantialK failed to comply with the 
provisions of G.S. 13 IE. Article 7 and the rules 
adopted under that article; and 

(2) there is a reasonable probabilit) that the licensee can 
remedy the licensure deficiencies within a reasonable 
length of time; and 

(3) there is a reasonable probabilit) that the licensee will 
be able thereafter to remain in compliance with the 
licensure rules for the foreseeable future. 

(g) The Department shall gi\e the licensee written notice of 
the amendment to the Ambulance Provider License. This notice 
shall be given personal!) or b) certified mail and shall set forth: 

(1) the length of the provisional Ambulance Provider 
License; 

(2) the factual allegations; 

(3) the statutes or rules alleged to be violated; and 

(4) notice to the ambulance provider's right to a contested 
case hearing on the amendment of the Ambulance 
Provider License. 

(h) The provisional Ambulance Provider License shall be 
effective immediately upon its receipt b) the licensee and shall 
be posted in a prominent location at the primar) business 
location of the ambulance provider, accessible to public view, in 
lieu of the full license. The provisional license shall remain in 
effect until: 

( 1 ) the Department restores the licensee to full licensure 
status; or 



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(2) the Department revokes the Hcensee's hcense. 
(i) The Department may revoke or suspend an Ambulance 
Provider License whenever: 

( 1 ) the Department finds that: 

(A) the hcensee has substantially failed to comply 
with the provisions of G.S. 13 IE. Article 7 and 
the rules adopted under that article; and 

(B) it is not reasonably probable that the licensee 
can remedy the licensure deficiencies within a 
reasonable length of time; or 

(2) the Department finds that: 

(A) the licensee has substantially failed to comply 
with the provisions of G.S. 13 IE, Article 7 and 
the rules adopted under that article; and 

(B) although the licensee may be able to remedy 
the deficiencies within a reasonable period of 
time, it is not reasonably probable that the 
licensee will be able to remain in compliance 
with licensure rules for the foreseeable future; 



or 



(3) 



the Department finds that there has been any failure to 

comply with the provision of G.S. 13 IE, Article 7 and 

the rules adopted under that article that endanger the 

health, safety or welfare of the patients cared for and 

transported by the licensee. 

(j) The issuance of a provisional Ambulance Provider License 

is not a procedural prerequisite to the revocation or suspension 

of a license pursuant to Paragraph (i) of this Rule. 

HislonNote: Authority G.S. 131E-I55.I: 131E-156: 

13IE-!57(a): 131E-159(b): G.S. 143-508: SL. 1983. c. 1034.S. 

98: 

Eff. December 1. 1989: 

.Amended Eff. August 1_^ 1 998 : February' 1. 1996: November 1. 

1995. 

.1403 APPLICATION PROCEDURES, REQUIRED 
FORMS 

(a) All applications for licensure, certification, or 
recertification must be filed with the Office of Emergency 
Medical Services on the appropriate forms. 

(b) At a minimum, the following forms are required for 
application: 

(1) Certification Application Form for certification of 
personnel; 

(2) Certified EMT Instructor Application Form; and 

(3) Ambulance Provider License Application Fonn for 
issuance of licenses. 

(c) EMS providers shall complete all forms, surveys, and 
requests for data, as required by these Rules. 

History Note: Authorit[' G.S I3IE-I55.I: 1 31 E-1 57(a): 

131E-159(b): 143-508: 

Eff. December 1. 1989: 

Amended Eff. August 1. 1998 : Fehruaiy 1. 1996. 

CHAPTER 14 - MENTAL HEALTH: GENERAL 



SUBCHAPTER 14V - RULES FOR MENTAL 

HEALTH, DEVELOPMENTAL DISABILITIES, 

AND SUBSTANCE ABUSE FACILITIES 

AND SERVICES 

SECTION .7100 - THOMAS S. DEATH REPORTING 
AND REVIEW 

.7101 SCOPE 

(a) The rules in this Section set forth requirements for 
reporting and reviewing deaths of prospective and confirmed 
Thomas S. class members residing in non-state operated 
facilities. 

(b) These Rules shall apply to area mental health, 
developmental disability and substance abuse authorities and 
their contract agencies. 

(c) These requirements shall not apply to prospective and 
confirmed Thomas S. class members residing in their own home 
or in the home of their family, and receiving no mental health, 
developmental disability or substance abuse services. 

Histon'Note: Authority G.S. I08A. Article 6: 122C- 
112(a)(15): 122C-191: 130A-383: 130A-389: 130A-398: 
Eff August 1. 1998. 

.7102 DEFINITIONS 

In addition to the definitions contained in G.S. 122C-3 and 
Rule .0103 of this Subchapter, the following definitions shall 
also apply: 

(1) "Home Area Program" means the responsible Area 
Program where the prospective or confirmed class 
member is legally entitled to services. 

(2) "Pioneer Unit Cost Reimbursement (PUCR) system" 
means a purchase of service model of funding where the 
Division of MH/DD/SAS reimburses Area Programs 
based on the volume of services reported to the Division. 

(3) "Prospective and confirmed class members" means those 
individuals designated on the Thomas S. Master List and 
assigned to an Area Program. 

(4) "Unit Cost Reimbursement - Thomas S. System" means- 
the Division's computerized system of reimbursing Area 
Programs based on the volume of Thomas S. services 
reported to the Division. 

History Note: .Authority G.S 108A-99: 108A-100: 108A-101: 
108A-102: 108A-103: 108A-104: W8A-I05: 108A-106: 108A- 
107: 108A-108: 108A-109: 108A-I10: 108.4-111: 122C- 
112(a)(15): 122C-191: 130A-383. 130A-389 130.4-398: 
Eff.4ugust f 1998. 

.7103 REPORTING REQUIREMENTS 

(a) Staff of an area program or provider agency under 
contract with an area program shall immediately report the 
known death of any Thomas S prospective or confirmed class 
member, not residing in a state facility; to the area director or 
designee. The date the area authority is notified of the death 
shall be documented. 

(b) A telephone report shall be made to the Thomas S. 



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Services Section, Client Services Branch, by the Area Director 
or designee, on the first working day after being notified of a 
Thomas S. prospective or confirmed class member's death. This 
report shall be followed up by written notification to the Thomas 
S. Services Section, and include the date the area program was 
notified of the death. Upon notification of the death, any 
designated staff of the Thomas S. Services Section may go 
unannounced to the site of the death or to the client's residence 
prior to death. 

(c) Staff of the home area program shall notify the medical 
examiner of the county in which the body is found with regard 
to deaths under circumstances described in G.S. 130A-383. 

(d) Within 72 hours of being notified of a death, the Area 
Director or designee shall ensure that the chairman of the local 
committee responsible for review of the deaths is notified. 

(e) In the case of a death which may be the result of abuse, 
neglect, or exploitation, and where there is reason to believe that 
other disabled adults at the site may be abused, neglected or 
exploited and in need of protective services, the procedures 
outlined in G.S. I08A, Article 6 shall be followed. 

(f) In deaths not under the jurisdiction of the medical 
examiner, the next-of-kin or other individual authorized 
according to G.S. I30A-398, shall be notified by the Area 
Director or designee that an autopsy may be requested as 
designated in G.S. 130A-389. 

(g) In the case of a death that occurs as a result of an accident, 
suicide, or other questionable circumstances the police shall be 
notified immediately. 

History Note: Authority G.S. 108.4-99: 108.4-100: 108.4- 
1011: 08.4-102: 108.4-103: 108.4-104: 108.4-105: 108.4-106: 
108A-107: 108A-108: 108A-109: 108.4-110: 108A-111: 122C- 
n2(a)(l5): I22C-191: 130.4-383: 130A-389: 130.4-398: 
Eff. .4ugiist 1 , 1998. 



(5) Routinely publishing/distributing medical advisories 
and information as appropriate to assure needed 
follow up. 

(d) The Thomas S. Mortality Review Committee shall have 
access to all medical records, UCR-TS reports, Thomas S. 
Longitudinal Study data, hospital records and records maintained 
by the State, any county or any local agency necessary to carry 
out the purposes of this Section, including police investigations 
data, medical examiner investigative data, health records, mental 
health records and social services records as specified in G.S. 
l22C-ll2(a)(15). 

(e) When corrective action is deemed necessary by the 
Division Director, the Division Director shall request a 
corrective action plan from the area authority. 

(f) The Chairman of the Thomas S. Mortality Review 
Committee shall review implementation of recommendations 
made by the Committee and corrective action plans established 
h\ the Division Director. 

(g) The Committee Chairman shall make an annual status 
report to the Committee and to the Thomas S. Services Section 
Chief on implementation and corrective actions taken. 

(h) TTie Thomas S. Services Section will collect and analyze 
mortality and other statistics to determine trends and quality of 
life issues related to the deaths of Thomas S. class members. 

(i) The deliberations of local review committees and the 
Thomas S Mortalit) Review Committee shall be confidential. 
Reports of the Thomas S. Mortality Review Committee, 
however, are subject to the North Carolina Public Records Act 
and shall be available upon request with due regard to privacy 
and confidentiality of involved persons. 

History Note: Authorit\- G.S. l22C-112ia) (15): 108.4, .4rticle 
6: 122C-191: 130.4-33: 130.4-389: 130.4-398: 
Eff.Ausust l. 1998. 



.7105 THOMAS S. MORTALITY REVIEW 
COMMITTEE 

(a) A Thomas S. Mortality Review Committee shall operate 
at the state level and shall be appointed by the Thomas S. 
Services Section Chief 

(b) The Committee shall at a minimum include a physician 
and a representative of the Thomas S. Services Section. 

(c) Responsibilities of the Committee shall include, but not be 
limited to: 

(1) insuring that reports b\ local committees include all 
required information, and that they evaluate health 
care and other protection issues relative to the deaths 
of class members and make recommendations where 
appropriate; 

(2) recommending an independent investigation of any 
death it reviews if the Committee deems it necessary; 

(3) assuring follow-up by the Thomas S. Services Section 
if the death review report bN the local committee is 
not timely or complete; 

(4) identitSing s\stemic issues and making 
recommendations addressing those issues to the 
Thomas S. Services Section Chief and Division 
Director as needed; and 



TITLE I5A - DEPARTMENT OF ENVIRONMENT 
AND 

NATURAL RESOURCES 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER AND 
WETLAND STANDARDS 

SECTION .0200 - CLASSIFICATIONS AND WATER 

QUALITY STANDARDS APPLICABLE 

TO SURFACE WATERS AND WETLANDS 

OF NORTH CAROLINA 

.0224 HIGH QUALITY WATERS 

High Quality Waters (HQW) are a subset of waters with 
quality higher than the standards and are as described by I5A 
NCAC 2B .0101(e)(5). The following procedures shall be 
implemented in order to implement the requirements of Rule i 
.0201(d) of this Section. " 

(I) New or expanded wastewater discharges in High 
QualitN Waters shall comply with the following: 



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(a) Discharges from new single family residences 
shall be prohibited. Those existing subsurface 
systems for single family residences which fail 
and must discharge shall install a septic tank, 
dual or recirculating sand filters, disinfection 
and step aeration. 

(b) All new NPDES wastewater discharges (except 
single family residences) shall be required to 
provide the treatment described below: 

(i) Oxygen Consuming Wastes: Effluent 
limitations shall be as follows: 600^= 5 
mg/i, NH3-N = 2 mg/1 and DO = 6 mg/1. 
More stringent limitations shall be set, if 
necessary, to ensure that the cumulative 
pollutant discharge of 

oxygen-consuming wastes shall not 
cause the DO of the receiving water to 
drop more than 0.5 mg/1 below 
background levels, and in no case below 
the standard. Where background 
information is not readily available, 
evaluations shall assume a percent 
saturation determined by staff to be 
generally applicable to that 
hydroenvironment. 

(ii) Total Suspended Solids: Discharges of 
total suspended solids (TSS) shall be 
limited to effluent concentrations of 10 
mg/1 for trout waters and PNA's. and to 
20 mg/1 for all other High Quality 
Waters. 

(iii) Disinfection: Alternative methods to 
chlorination shall be required for 
discharges to trout streams, except that 
single family residences may use 
chlorination if other options are not 
economically feasible. Domestic 
discharges are prohibited to SA waters. 

(iv) Emergency Requirements: Failsafe 
treatment designs shall be employed, 
including stand-by power capability for 
entire treatment works, dual train design 
for all treatment components, or 
equivalent failsafe treatment designs. 

(v) Volume: The total volume of treated 
wastewater for all discharges combined 
shall not exceed 50 percent of the total 
instream flow under 7Q10 conditions. 

(vi) Nutrients: Where nutrient 

overenrichment is projected to be a 
concern, appropriate effluent limitations 
shall be set for phosphorus or nitrogen, 
or both. 

(vii) Toxic substances: In cases where 
complex wastes (those containing or 
potentially containing toxicants) may be 
present in a discharge, a safety factor 
shall be applied to any chemical or 



whole effluent toxicity allocation. The 
limit for a specific chemical constituent 
shall be allocated at one-half of the 
normal standard at design conditions. 
Whole effluent toxicity shall be 
allocated to protect for chronic toxicity 
at an effluent concentration equal to 
twice that which is acceptable under 
design conditions. In all instances there 
may be no acute toxicity in an effluent 
concentration of 90 percent. Ammonia 
toxicity shall be evaluated according to 
EPA guidelines promulgated in 
"Ambient Water Quality Criteria for 
Ammonia - 1984"; EPA document 
number 440/5-85-001; NITS number 
PB85-227114; July 29, 1985 (50 PR 
30784) or "Ambient Water Quality 
Criteria for Ammonia (Saltwater) - 
1989"; EPA document number 
440/5-88-004; NTIS number 

PB89- 169825. This material related to 
ammonia toxicity is hereby incorporated 
by reference including any subsequent 
amendments and editions and is 
available for inspection at the 
Department of Environment and Natural 
Resources Library, 512 North Salisbury 
Street, Raleigh, North Carolina. Copies 
may be obtained from the National 
Technical Information Service, 5285 
Port Royal Road. Springfield. Virginia 
22161 at a cost of forty-seven dollars 
($47.00). 
(c) All expanded NPDES wastewater discharges in 
High Quality Waters shall be required to 
provide the treatment described in Sub-Item 
(l)(b) of this Rule, except for those existing 
discharges which expand with no increase in 
permitted pollutant loading. 

(2) Development activities which require an Erosion and 
Sedimentation Control Plan in accordance with rules 
established by the NC Sedimentation Control 
Commission or local erosion and sedimentation 
control program approved in accordance with 15A 
NCAC 4B .0218, and which drain to and are within 
one mile of High Quality Waters (HQW) shall be 
required to follow the stormwater management rules 
as specified in 15A NCAC 2H .1000. Stormwater 
management requirements specific to HQW are 
described in 15A NCAC 2H .1006. 

(3) Listing of Waters Classified HQW with Specific 
Actions. Waters classified as HQW with specific 
actions to protect exceptional water quality are listed 
as follows: Thorpe Reservoir [Little Tennessee River 
Basin. Index No. 2-79-23-(l)] including all of its 
tributaries shall be managed with respect to 
wastewater discharges through Item (1 ) of this Rule. 



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Item (2) of this Rule shall not be applied in 

association with this HQW because of the local 

government implementation of WS-Ill stormwater 

management requirements. 

If an applicant objects to the requirements to protect high quality 

waters and believes degradation is necessary to accommodate 

important social and economic development, the applicant may 

contest these requirements according to the provisions of G.S. 

l43-215.1(e)and 150B-23. 

History Note: Authority G.S. 143-214.1: 143-215.1: 

143-215. 3(a)(1): 

Eff. October 1. 1995: 

Amended Eff. Aiisust L I99H : April 1. 1996. 

.0232 NEUSE RIVER BASIN- NUTRIENT 

SENSITIVE WATERS MANAGEMENT 
STRATEGY: BASIN NUTRIENT REDUCTION 
GOAL 

(a) Pursuant to 1995 (Reg. Sess.. 1996) N.C. Session Laws, 
c. 572, the Environmental Management Commission hereby 
establishes the goal of reducing the average annual load of 
nitrogen delivered to the Neuse River Estuary from point and 
nonpoint sources by a minimum of 30 percent of the average 
annual load for the period 1 99 1 through 1 995 b> the \ ear 200 1 . 
All waters of the Neuse River Basin have been supplementall> 
classified as Nutrient Sensitive Waters (NSW) pursuant to 1 5 A 
NCAC 28 .0223. The following rules shall be implemented in 
accordance with 1 5A NCAC 2B .0223 in all waters of the Neuse 
River Basin: 

( 1 ) Rule .0233 for protection and maintenance of riparian 
areas. 

(2) Rule .0234 for wastewater discharges, 

(3) Rule .0235 for urban stormwater management, 

(4) Rules .0236 and .0238 for agricultural nitrogen 
reduction, 

(5) Rule .0239 for nutrient management, and 

(6) Rule .0240 for nitrogen offset fees. 

(b) Failure to meet requirements of Rules .0233, .0234, .0235, 
.0236, .0238, .0239, and .0240 of this Section may resuh in 
imposition of enforcement measures as authorized by G.S. 143- 
215.6A (civil penalties). G.S. 143-21 5. 6B (criminal penalties), 
andN.C.G.S. 143-2 15.6C (injunctive relief). 

History Note: Authority G. S. 143-214.1: 143-214.^: 143- 
215.1: 143-215. 3(a)(i): 143-21 5.6A: 143-2 15.6B: 143-2 15. 6C: 
Eff. August 1. 199H. 

.0233 NEUSE RIVER BASIN: NUTRIENT 

SENSITIVE WATERS MANAGEMENT 
STRATEGY: PROTECTION AND 
MAINTENANCE OF RIPARIAN AREAS WITH 
EXISTING FOREST VEGETATION 
The following is the management strategy for maintaining and 

protecting riparian areas in the Neuse River Basin: 

(1 ) Riparian areas shall be protected and maintained in 
accordance with this Rule on all sides of surface 
waters in the Neuse River Basin (intermittent streams. 



perennial streams, lakes, ponds, and estuaries) as 
indicated on the most recent versions of United States 
Geological Survey 1:24,000 scale (7.5 minute 
quadrangle) topographic maps or other site-specific 
evidence. This Rule only applies to riparian areas 
where forest vegetation is established in Zone 1 [as 
described in Sub-Item 3(a) of this Rule] as of July 22, 
1997. Forest vegetation, as defined in 15A NCAC 2B 
.0202, of any width in Zone 1 must be protected and 
maintained in accordance with this Rule. This Rule 
does not establish new buffers in riparian areas. 
Exceptions to the requirements of this Rule for 
riparian areas are described in Sub-Items (2)(a)-(h) of 
this Rule. Maintenance of the riparian areas shall be 
such that, to the maximum extent possible, sheet flow 
of surface water is achieved, integrity This Rule 
specifies requirements that shall be implemented in 
riparian areas to ensure that the pollutant removal 
functions of the riparian area are protected and 
maintained. 
(2) The following waterbodies and land uses are exempt 
from the riparian area protection requirements: 

(a) Ditches and manmade conveyances other than 
modified natural streams; 

(b) Areas mapped as intermittent streams, 
perennial streams, lakes, ponds, or estuaries on 
the most recent versions of United States 
Geological Survey 1:24,000 scale (7.5 minute 
quadrangle) topographic maps where no 
perennial waterbody, intermittent waterbody, 
lake, pond or estuary actually exists on the 
ground; 

(c) Ponds and lakes created for animal watering, 
irrigation, or other agricultural uses that are not 

'part of a natural drainage way that is classified 
in accordance with 15A NCAC 28 .0100; 

(d) Water dependent structures as defined in 1 5 A 
NCAC 2B .0202. provided that they are 
located, designed, constructed and maintained 
to provide maximum nutrient removal, to have 
the least adverse effects on aquatic life and 
habitat and to protect water quality; 

(e) The following uses may be allowed where no 
practical alternative exists. A lack of practical 
alternatives may be shown by demonstrating 
that, considering the potential for a reduction in 
size, configuration or densit) of the proposed 
activity and all alternative designs, the basic 
project purpose cannot be practically 
accomplished in a manner which would avoid 
or result in less adverse impact to surface 
waters. Also, these structures shall be located, 
designed, constructed, and maintained to have 
minimal disturbance, to provide maximum 
nutrient removal and erosion protection, to . 
have the least adverse effects on aquatic life \ 
and habitat, and to protect w ater quality to the 
maximum extent practical through the use of 



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best management practices. 

(i) Road crossings, railroad crossings, 
bridges, airport facilities, and utility 
crossings may be allowed if conditions 
specified in Sub-Item (2)(e) of this Rule 
are met. 

(ii) Stormwater management facilities and 
ponds, and utilit>' construction and 
maintenance corridors for utilities such 
as water, sewer or gas, may be allowed 
in Zone 2 of the riparian area as long as 
the conditions specified in Sub-Item 
(2)(e) of this Rule are met and they are 
located at least 30 feet from the top of 
bank or mean high water line. 
Additional requirements for utility 
construction and maintenance corridors 
are listed in Sub-Item (2)(f) of this Rule. 

(f) A corridor for the construction and 
maintenance of utility lines, such as water, 
sewer or gas, (including access roads and 
stockpiling of materials) may run parallel to the 
stream and may be located within Zone 2 of the 
riparian area, as long as no practical alternative 
exists and they are located at least 30 feet from 
the top of bank or mean high water line and 
best management practices are installed to 
minimize runoff and maximize water qualitv.' 
protection to the maximum extent practicable. 
Permanent, maintained access corridors shall 
be restricted to the minimum width practicable 
and shall not exceed 10 feet in width except at 
manhole locations. A 10 feet by 10 feet 
perpendicular vehicle turnaround is allowed 
provided they are spaced at least 500 feet apart 
along the riparian area. 

(g) Stream restoration projects, scientific studies, 
stream gauging, water wells, passive recreation 
facilities such as boardwalks, trails, pathways, 
historic preservation and archaeological 
activities are allowed provided that they are 
located in Zone 2 and are at least 30 feet from 
the top of bank or mean high water line and are 
designed, constructed and maintained to 
provide the maximum nutrient removal and 
erosion protection, to have the least adverse 
effects on aquatic life and habitat, and to 
protect water quality to the maximum extent 
practical through the use of best management 
practices. Activities that must cross the stream 
or be located within Zone 1 are allowed as long 
as all other requirements of this Item are met. 

(h) Stream crossings associated with timber 
harvesting are allowed if performed in 
accordance with the Forest Practices 
Guidelines Related to Water Quality (15A 
NCAC lJ.0201-.0209). 
(3) The protected riparian area shall have two zones as 



follows: 

(a) Zone 1 shall be an undisturbed area of forest 

vegetation. Any forest vegetation, as defined 

in Rule .0202 of this Section, in Zone 1 as of 

July 22, 1997 shall be maintained and 

protected in accordance with this Rule. 

(i) Location of Zone 1: Zone I begins at 

the top of bank for intermittent streams 

and perennial streams and extends 

landward a distance of 30 feet on all 

sides of the waterbody, measured 

horizontally on a line perpendicular to 

the waterbody. For all other 

waterbodies. Zone 1 begins at the top of 

bank or mean high water line and 

extends landward a distance of 30 feet, 

measured horizontally on a line 

perpendicular to the waterbody. 

(ii) The following practices and activities 

are allowed in Zone 1 : 

(A) Natural regeneration of forest 
vegetation and planting 
vegetation to enhance the 
riparian area if disturbance is 
minimized, provided that any 
plantings shall primarily consist 
of locally native trees and shrubs; 

(B) Selective cutting of individual 
trees of high value in the outer 20 
feet of Zone I , provided that the 
basal area of this outer 20-foot 
wide area remains at or above 75 
square feet per acre and is 
computed according to the 
following method. Basal area of 
this outer 20-foot wide area shall 
be computed every 100 feet 
along the stream to ensure even 
distribution of forest vegetation 
and shall be based on all trees 
measured at 4.5 feet from ground 
level. No tracked or wheeled 
equipment is allowed in Zone 1 
except at stream crossings which 
are designed, constructed and 
maintained in accordance with 
Forest Practice Guidelines 
Related to Water Quality (I5A 
NCAC IJ .0201 -.0209). 

(C) Horticulture or silvicultural 
practices to maintain the health 
of individual trees; 

(D) Removal of individual trees 
which are in danger of causing 
damage to dwellings, other 
structures or the stream channel; 

(E) Removal of dead trees and other 
timber cutting techniques 



12:22 



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May 15, 1998 



2022 



APPROVED RULES 



necessan. to prevent extensive 
pest or disease infestation if 
recommended by the Director. 
Division of Forest Resources and 
approved b\ the Director. 
Division of Water Quality ; and 
(F) Ongoing agricultural operations 
provided that existing forest 
vegetation is protected and 
requirements in Rules .0236 and 
.0238 of this Section are 
followed, 
(iii) The following practices are not allowed 
in Zone 1 : 

(A) Land-disturbing activities and 
placement of fill and other 
materials, other than those 
allowed in Items (2) and 
(3)(a)(ii) of this Rule, that would 
disturb forest vegetation, as 
defined in this Section; 

(B) New development, except as 
provided in Sub-Items 2(d), 2(e) 
and 2(f) of this Rule; 

(C) New on-site sanitan. sewage 
systems which use ground 
adsorption; 

(D) The application of fertilizer; and 

(E) An\ acti\it\ that threatens the 
health and function of the 
vegetation including, but not 
limited to. application of 
chemicals in amounts exceeding 
the manufacturer's recommended 
rate. uncontrolled sediment 
sources on adjacent lands, and 
the creation of an\ areas with 
bare soil. 

(b) Vegetation in Zone 2 shall consist of a dense 
ground co\er composed of herbaceous or 
woodv species which pro\ides for diffusion 
and infiltration of runoff and filtering of 
pollutants. 

(i) Location of Zone 2: Zone 2 begins at 

the outer edge of Zone 1 and extends 

landward a minimum of 20 feet as 

measured horizontalK on a line 

perpendicular to the waterbodv. The 

combined minimum w idth of Zones 1 

and 2 shall be 50 feet on all sides of the 

waterbodv. 

(ii) The foUovsing practices and acti\ities 

are allowed in Zone 2 in addition to 

those allowed in Zone 1 : 

(A) Periodic mowing and remo\al of 

plant products such as timber. 

nuts, and fruit is allowed on a 

periodic basis provided the 



intended purpose of the riparian 
area is not compromised by 
harvesting, disturbance, or loss 
of forest or herbaceous ground 
cover; 

(B) Forest vegetation in Zone 2 may 
be managed to minimize shading 
on adjacent land outside the 
riparian area if the water quality 
function of the riparian area is 
not compromised; 

(C) On-going agricultural operations 
provided that requirements of 
Rules .0236 and .0238 of this 
Section are follovsed; 

(iii) The following practices and activities 
are not allowed in Zone 2; 

(A) Land disturbing activities and 
placement of fill and other 
materials, other than those 
allowed in Items (2) and 
(3)(b)(ii) of this Rule; 

(B) New development, except as 
provided in Sub-Items 2(e) and 
2(f) of this Rule; 

(C) Nev\ on-site sanitary sewage 
systems which use ground 
adsorption; 

(D) The application of fertilizer; and 

(E) Any activity that threatens the 
health and function of the 
vegetation including, but not 
limited to. application of 
chemicals in amounts exceeding 
the manufacturer's recommended 
rate, uncontrolled sediment 
sources on adjacent lands, and 
the creation of an\ areas with 
bare soil. 

(c) Timber remo\al and skidding of trees shall be 
directed away from the water course or water 
bod> . Skidding shall be done in a manner to 
pre\ent the creation of ephemeral channels 
perpendicular to the water bodv. Any tree 
removal must be performed in a marmer that 
does not compromise the intended purpose of 
the riparian area and is in accordance w iih the 
Forest Practices Guidelines Related to Water 
Quality (15ANCAC lJ.0201-.0209). 

(d) Maintenance of sheet flow in Zones 1 and 2 is 
required in accordance with this Item. 

(i) Sheet tlow must be maintained to the 
maximum extent practical through 
dispersing concentrated flow and re- 
establishment of vegetation to maintain 
the effectiveness of the riparian area, 
(ii) Concentrated runoff from new ditches 
or manmade convevances must be 



2023 



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May 15, 1998 



12:22 



APPROVED RULES 



dispersed into sheet flow before the 

runoff enters Zone 2 of the riparian 

area. Existing ditches and manmade 

conveyances, as specified in Sub-Item 

(2)(a) of this Rule, are exempt from this 

requirement; however, care shall be 

taken to minimize pollutant loading 

through these existing ditches and 

manmade conveyances from fertilizer 

application or erosion. 

(iii) Periodic corrective action to restore 

sheet flow shall be taken by the 

landowner if necessary to impede the 

formation of erosion gullies which allow 

concentrated flow to bypass treatment in 

the riparian area. 

(e) Periodic maintenance of modified natural 

streams such as canals is allowed provided that 

disturbance is minimized and the structure and 

function of the riparian area is not 

compromised. A grassed travelway is allowed 

on one side of the waterbody when alternative 

forms of maintenance access are not practical. 

The width and specifications of the travelway 

shall be only that needed for equipment access 

and operation. The travelway shall be located 

to maximize stream shading. 

(4) If a local government has been issued a Municipal 
Separate Stormwater Sewer System permit or has 
been delegated to implement a local stormwater 
program, then the local government shall ensure that 
the riparian areas to be protected are, recorded on new 
or modified plats. 

(5) Where the standards and management requirements 
for riparian areas are in conflict with other laws, 
regulations, and permits regarding streams, steep 
slopes, erodible soils, wetlands, floodplains. forest 
harvesting, surface mining, land disturbance activities, 
development in Coastal Area Management Act Areas 
of Environmental Concern, or other environmental 
protection areas, the more protective shall apply. 

(6) Where application of this Rule would prevent all 
reasonable uses of a lot platted and recorded prior to 
the effective date of this Rule, a variance may be 
granted by the Environmental Management 
Commission if it finds that: 

(a) practical difficulties or unnecessary hardships 
would result in strict application of the Rule; 

(b) such difficulties or hardships result from 
conditions which are peculiar to the property 
involved; and 

(c) the general purpose and intent of the rule 
would be preserved, water quality would be 
protected and substantial justice would be done 
if the variance were granted. 

History Note: Authority G. S. 143-214.1: 143-214.7: 143- 
215.3(a)(1): S.L 1995. c. 572: 



Temporary Adoption Eff. January 22, 1998: 
Eff. Aumst 1. 1998. 

.0234 NEUSE RIVER BASIN -NUTRIENT 

SENSITIVE WATERS MANAGEMENT 
STRATEGY: WASTEWATER DISCHARGE 
REQUIREMENTS 

The following is the National Pollutant Discharge Elimination 
System (NPDES) wastewater discharge management strategy for 
the Neuse River Basin: 

(1) All new and expanding dischargers shall document 
that all practical alternatives to surface water 
discharge were evaluated pursuant to 15A NCAC 2H 
.0105(c)(2), prior to a submittal of an application for 
a discharge. For purposes of this Rule, permitted 
discharges means those individually permitted and not 
those covered under general permits. 

(2) All wastewater dischargers greater than or equal to 
0.5 million gallons per day (MOD) permitted flow 
regardless of current loading levels shall evaluate and 
optimize the operation of their facilities in order to 
reduce nutrient loadings. One year after the effective 
date of this Rule, a report shall be submitted to the 
division by each wastewater discharger or collectively 
by an Association, documenting the efforts/level of 
reductions achieved. 

(3) The collective total nitrogen load for all individually 
permitted wastewater discharges shall, on an annual 
mass basis, be no more than 2.8 million pounds per 
year, unless individual wastewater discharges 
separately or collectively purchase a portion of the 
nonpoint source allocation in accordance with the 
formula for offset payments set forth in 15A NCAC 
2B .0240. Items (5), (6) and (7) of this Rule indicate 
how this load is allocated in the basin. Compliance 
with the 2.8 million pounds annual average mass load 
of total nitrogen shall be required within five years of 
the effective date of this Rule. If dischargers 
individually choose to make nutrient offset payments 
per Rule .0240 of this Section, those offset payments 
shall be required prior to permit issuance and 
reissuance. Nutrient offset payments made to 
purchase nitrogen load reductions from nonpoint 
sources shall not be credited to the existing nonpoint 
source's load allocation. 

(4) Any existing individual discharger or collective group 
of wastewater dischargers that accepts wastewater 
from another wastewater treatment facility in the 
Neuse River Basin and that results in the elimination 
of the discharge from that wastewater treatment 
facility shall be allowed to increase the annual mass 
load of total nitrogen discharged by the annual mass 
load of total nitrogen allocated to the wastewater 
treatment facility that is eliminated. If the wastewater 
treatment system that is to be eliminated has a 
permitted flow of less than 0.5 MOD, the annual mass 
load of total nitrogen shall be calculated from the 
most recent available data on that facility. 



12:22 



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May 15, 1998 



2024 



APPROVED RULES 



(5) The individually permitted wastewater discharges to 
the Neuse River basin with permitted flows of less 
than 0.5 MGD in 1995 shall be allocated an annual 
average mass load of 280,000 pounds of total 
nitrogen. All existing facilities above Falls Lake Dam 
with permitted flows greater than or equal to 0.05 
MGD shall meet a quarterly average total phosphorus 
limit of 2 mg/1. More stringent limits may apply to 
protect water quality standards in localized areas. 

(6) The following Sub-Item specifies the nutrient 
allocations for discharges above Falls Lake with 
permitted flows greater than or equal to 0.5 MGD in 
1995. 

(a) The individually permitted discharges above 
Falls Lake Dam with permitted flows of greater 
than or equal to 0.5 MGD in 1995 shall be 
allocated an annual average mass load of 
444,000 pounds of total nitrogen. The estimate 
of the total nitrogen load discharged through 
the Falls Lake Dam to the lower Neuse River 
shall be 15 percent, or 66,600 pounds annual 
average total nitrogen discharged to the lower 
Neuse River. The load shall be allocated to the 
individual facilities based upon the ratio of 
their 1995 permitted flow to the total permitted 
flow of those dischargers greater than or equal 
to 0.5 MGD above the Falls Lake Dam. 

(b) All existing facilities above Falls Lake Dam 
with permitted flows greater than or equal to 
0.05 MGD shall meet a quarterly average total 
phosphorus limit of 2 mg/1. More stringent 
limits may apply to protect water qualitv 
standards in localized areas. 

(7) The following Sub-Item specifies the nutrient 
allocations for discharges below Falls Lake with 
permitted flows greater than or equal to 0.5 MGD in 
1995. 

(a) Wastewater treatment plants below Falls Lake 
Dam that have a permitted flow greater than or 
equal to 0.5 MGD shall be assigned an annual 
mass loading limit for total nitrogen based 
upon the ratio of their flow to the sum of the 
individual flows as set forth in Sub-item (7)(b) 
of this Rule multiplied b> 2.45 million pounds 
within five years of the effective date of this 
Rule. 

(b) For purposes of the above calculation the flows 
shall be; 

Central Johnston County 4.99 MGD, Raleigh 
60 MGD, Clayton 1. 9 MGD, Burlington 
Industt-ies 5 MGD, Cary-Northside 12 MGD, 
Wake Forest 6 MGD, Car>-Southside 16 
MGD, Apex 3.6 MGD, Fuquay-Varina 6 
MGD, Benson 3 MGD, Goldsboro 16.8 MGD, 
Kinston-Peachtree 6.75 MGD, LaGrange 0.75 
MGD. Kinston-Northside 4.5 MGD, Dupont- 
Kinston 3.6 MGD, Kenly 0.63 MGD, Wilson 
14 MGD. Contentnea Sewerage District 2.85, 



Farmville 3.5 MGD, Zebulon 1.85 MGD, 
Weyerhaeuser 32 MGD, New Bern 4.7 MGD, 
Havelock 1.9 MGD, US Marine Corps Cherry 
Point 3.5 MGD, CWS Inc. NE Craven Utilities 
1 MGD, and Snow Hill 0.5 MGD. 
(c) All existing facilities below Falls Lake Dam 
with permitted flows greater than or equal to 
0.5 MGD shall meet a quarterly average total 
phosphorus limit of 2 mg/1. Upon expansion, 
these facilities must meet a monthly average 
total phosphorous limit of 1 mg/1. More 
stringent limits may apply to protect water 
quality standards in localized areas. 

(8) All new wastewater discharge flows, flows not 
permitted prior to December 31,1 995, shall document 
efforts to obtain allocation from the load established 
in Item (3) of this Section from existing wastewater 
discharges. If allocation can not be obtained from the 
existing dischargers, new dischargers may purchase a 
portion of the nonpoint source load allocation at a rate 
of 200 percent of the cost as set in 1 5A NCAC 2B 
.0240 to implement practices designed to reduce that 
same loading created by the new discharge. Payment 
for the portion of the nonpoint source load allocation 
purchased shall be made prior to permit issuance and 
reissuance. The new discharge shall at a minimum 
comply with an annual mass load of total nittogen 
based on a concentration of 3.5 mg/l and their 
permitted flow. These facilities must meet a monthly 
average total phosphorous limit of 1 mg/1. More 
sttingent limits may be given to protect water quality 
standards in localized areas. 

(9) The following Sub-Item describes the option for 
dischargers to Join an Association to collectively meet 
nutrient load allocations. 

(a) All dischargers within the basin may form an 
Association to meet their allocated total 
nitrogen load collectively. For dischargers that 
join the Association, an agreement shall be 
drafted between the Division and the 
Association that includes annual loading 
targets. The total nitrogen load allocated to the 
Association shall be calculated by the sum of 
the individual allocated loads developed in 
Items (5), (6) and (7) of this Rule. The 
membership of the Association shall be 
established no later than March 1, 1998. All 
facilities who apply for membership in the 
Association prior to March 1, 1998 shall be 
accepted. Thereafter, the Division shall accept 
new members in the Association on every five- 
\ear anniversary of March 1, 1998 based on 
applications for membership received before 
that date from facilities existing as of the 
effective date of this Rule. 

(b) This annual total nitrogen loading target shall 
be met within five years of the effective date of 
this Rule. The agreement may also require 



2025 



NORTH CAROLINA REGISTER 



May 15, 1998 



12:22 



APPROVED RULES 



stepwise decreases in total nitrogen loads for 
the five years following the effective date of 
this Rule. When developing a final agreement, 
the Commission shall acknowledge the 
differences in transport percentages between 
dischargers above and below Falls Lake Dam. 
The Association shall also document reduction 
in total nitrogen loadings for any member 
facilities located in Craven, Jones. Pamlico and 
Carteret Counties as a result of their immediate 
proximity to the estuary. If the Association 
does not meet its annual total nitrogen loading 
target in any given year, the Association shall 
make payments for nonpoint source controls at 
a rate as set in 15A NCAC 2B .0240. No 
Association exists, for the purposes of this 
Rule, until the Agreement is formally approved 
by the Commission, 
(c) All existing Association dischargers below 
Falls Lake Dam that have a permitted flow 
greater than or equal to 0.5 MOD shall receive 
a quarterly average total phosphorus limit of 2 
mg/1 in their NPDES permits. All existing 
Association dischargers above Falls Lake Dam 
that have a permitted flow greater than or equal 
to 0.05 MGD shall receive a quarterly average 
total phosphorus limit of 2 mg/1 in their 
NPDES permits. New and expanding 
Association dischargers shall receive a 
quarterly average total phosphorus limit of 2 
mg/1 in their NPDES permits. More stringent 
phosphorous limits may apply to protect water 
quality standards in localized areas. 

History Note: Authority^ G. S. 143-214. 1: 143-215: 143-215. 1: 
143-215. 3(a)(1): S.L. 1995, c. 572: 
Temporary Adoption Ejf. January 22. 1998: 
Eff. August 1. 1998. 

.0235 NEUSE RIVER BASIN- NUTRIENT 

SENSITIVE WATERS MANAGEMENT 
STRATEGY: BASINWIDE 
STORMWATER REQUIREMENTS 

The following is the urban stormwater management strategy 
for the Neuse River Basin; 

( 1 ) The following local governments shall be designated, 
based on population and other factors, for stormwater 
management requirements as part of the Neuse River 
Nutrient Sensitive Waters stormwater management 
strategy: 

(a) Cary, 

(b) Durham, 

(c) Gamer, 

(d) Goldsboro, 

(e) Havelock, 

(f) Kinston, 

(g) New Bern, 
(h) Raleigh, 



(i) Smithfield, 

G) Wilson 

(k) Durham County, 

(1) Johnston County, 
(m) Orange County, 
(n) Wake County, and 
(o) Wayne County. 

(2) Other incorporated areas and other counties, not listed 
under Item ( 1 ) of this Rule, may seek to implement 
their own local stormwater management plan by 
complying with the requirements specified in items 
(5), (6) and (7) of this Rule. 

(3) The Environmental Management Commission may 
designate additional local governments by amending 
this Rule based on their potential to contribute 
significant nutrient loads to the Neuse River. At a 
minimum, the Commission shall review the need for 
additional designations to the stormwater management 
program as part of the basinwide planning process for 
the Neuse River Basin. Any local governments that 
are designated at a later date under the Neuse Nutrient 
Sensitive Waters Stormwater Program shall meet the 
requirements under Items (5), (6) and (7) of this Rule. 

(4) Within 12 months of the effective date of this Rule, 
the Division of Water Quality shall submit a model 
local stormwater management program plan to control 
nutrients to the Commission for approval. The 
Division shall work in cooperation with subject local 
governments in developing this model plan. The 
model plan shall address nitrogen reductions for both 
existing and new development and include, but not be 
limited to, the following elements: 

(a) Review and approval of stormwater 
management plans for new developments to 
ensure that: 

(i) the nitrogen load contributed by new 
development activities is held at 70 
percent of the average nitrogen load 
contributed by the 1995 land uses of the 
non-urban areas of the Neuse River 
Basin. The local governments shall use 
a nitrogen export standard of 3.6 
pounds/acre/year, determined by the 
Environmental Management 

Commission as 70 percent of the 
average collective nitrogen load for the 
1995 non-urban land uses in the basin 
above New Bern. The EMC may 
periodically update the design standard 
based on the availability of new 
scientific information. Developers shall 
have the option of partially offsetting 
their nitrogen loads by funding wetland 
or riparian area restoration through the 
North Carolina Wetland Restoration 
Fund at the rate specified in Rule .0240 
of this Section. However, before using 
offset payments, the development must 



12:22 



NORTH CAROLINA REGISTER 



Mav 15, 1998 



2026 



APPROVED RULES 



attain, at a minimum, a nitrogen export 
that does not exceed 6 pounds'acre'year 
for residential development and 10 
pounds/acre/year for commercial or 
industrial de\elopment. 
(ii) there is no net increase in peak flov\ 
leaving the site from the 
predevelopment conditions for the 1- 
\ear. 24-hour storm. 

(b) Review of new development plans for 
compliance with requirements for protecting 
and maintaining existingriparian areas as 
specified in Rule 15A NCAC 2B .0233; 

(c) Implementation of public education programs: 

(d) Identification and removal of illegal 
discharges: 

(e) Identification of suitable locations for potential 
stormwater retrofits (such as riparian areas) 
that could be funded by various sources: and 

(f) Submittal of an annual report on October 30 to 
the Division documenting progress on and net 
changes to nitrogen load from the local 
government's planning jurisdiction. 

(5) Within 12 months of the EMC's approval of the 
model local government stormwater program or later 
designation (as described in Item (3) of this Rule), 
subject local governments shall submit their local 
stormwater management program plans to the 
Commission for review and appro\'al. These local 
plans shall equal or exceed the requirements in Item 
(4) of this Rule. Local governments ma\ submit a 
more stringent local stormwater management program 
plan. Local stormwater management programs and 
modifications to these programs shall be kept on file 
b\ the Di\ision of Water Quality. 

(6) Within 18 months of the EMC's approval of the 
model local government stormwater program or 
designation, subject local governments shall adopt and 
implement a local stormwater management program 
according to their approved plan. Local go\ emments 
administering a stormwater management program 
shall submit annual reports to the Division 
documenting their progress and net changes to 
nitrogen load b) October 30 of each \ear. 

(7) If a local government fails to submit an acceptable 
local stormv\ ater management program plan w ithin the 
time frames established in this Rule or fails to 
properK implement an approved plan, then 
stormwater management requirements for existing and 
new urban areas within its jurisdiction shall be 
administered through the NPDES municipal 
stormwater permitting program per I5A NCAC 2H 
.0126. 

(a) Subject local go\emments shall develop and 
implement comprehensive stormwater 
management programs, tailored toward 
nitrogen reduction, for both existing and new 
development. 



(b) These stormwater management programs shall 
provide all components that are required of 
local government stormwater programs in Sub- 
items (4)(a)-(f) of this Rule. 

(c) Local governments that are subject to an 
NPDES permit shall be covered by the permit 
for at least one permitting cycle (five years) 
before they are eligible to submit a local 
stormwater management program for 
consideration and approval by the EMC. 



History- Note: Authority G. S. 143-214.1: 143-214.~. 
215.1: 143-215. 3(a)(1): S.L 1995. c. 572: 
Eff. August 1, 1998. 



143- 



.0238 NEUSE RIVER BASIN- NUTRIENT 

SENSITIVE WATERS MANAGEMENT 
STRATEGY: AGRICULTURAL NITROGEN 
REDUCTION STRATEGY 

The follow ing requirements apply to all persons in the Neuse 
River Basin who engage in agricultural operations. Agricultural 
operations are activities which relate to the production of crops, 
livestock, and poultry. 

( 1 ) All persons engaging in agricultural operations in the 
Neuse River Basin shall collectively achieve and 
maintain a 30 percent net total nitrogen loading 
reduction from the cumulative average 1991-1995 
nitrogen loadings within five years from the effective 
date of this Rule. Persons subject to this Rule are 
provided with two options for meeting the 
requirements of this Rule. The first option is to sign- 
up for and participate in implementing a collective 
local strategy for agricultural nitrogen reduction as 
described in Item (7) of this Rule. This option allovss 
site-specific plans to be developed for those 
operations where further nitrogen reduction practices 
are necessary to achieve the collective reduction goal. 
The second option requires the implementation of 
standard Best Management Practices as specified in 
Item (8) of this Rule. Failure to meet requirements of 
this Rule ma\ result in imposition of enforcement 
measures as authorized h\ G.S. 143-21 5. 6A (civil 
penalties). G.S. 143-215. 6B (criminal penalties), and 
G.S. I43-215.6C (injunctive relief). 

(2) Formation and membership of the Basin Oversight 
Committee. The Environmental Management 
Commission shall delegate to the Secretary of the 
Department of Environment and Natural Resources 
the responsibility of forming a Basin Oversight 
Committee. 

(a) The Secretary shall solicit one nomination for 
membership on this Committee from each of 
the following agencies: 
(i) Division of Soil and Water 

Conservation, 
(ii) United States Department of 
Agriculture- Natural Resources 
Conservation Service. 



2027 



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APPROVED RULES 



(iii) North Carolina Department of 

Agriculture, 
(iv) North Carolina Cooperative Extension 

Service, and 
(v) Division of Water Quality. 

(b) The Secretary shall also solicit one nomination 
that represents environmental interests, one 
nomination that represents agricultural 
interests, and one from the scientific 
community with experience related to water 
quality problems in the Neuse River Basin. 

(c) The Secretary, Department of Environment and 
Natural Resources, shall appoint members of 
the Basin Oversight Committee from the 
nominees provided in Sub-Items (2)(a) and 
(2)(b) of this Rule. Members shall be 
appointed for a term not to exceed five years 
and shall serve at the pleasure of the Secretary. 
The United States Department of Agriculture- 
Natural Resources Conservation Service 
member shall serve in an "ex-officio" non- 
voting capacity and shall function as a 
technical program advisor to the Committee. 

(3) Role of the Basin Oversight Committee. The 
Environmental Management Commission shall 
delegate the following responsibilities to the Basin 
Oversight Committee. 

(a) Develop a tracking and accounting 
methodology, as described below, for 
evaluating total nitrogen loading from 
agricultural operations and progress toward 
reaching the total nitrogen net loading 
reduction from the implementation BMPs 
within the Neuse River Basin. The 
accountability methodology must demonstrate 
how the nitrogen loading reduction can be met 
collectively by implementing best management 
practices approved by the Soil and Water 
Conservation Commission that include, but are 
not limited to, water control structures, riparian 
area establishment, and nutrient management. 

(b) Submit a draft accountability process in 
accordance with the requirements in Sub-Items 
(3)(a) and {3)(c) of this Rule to the 
Environmental Management Commission for 
review within six months after the effective 
date of the rule and the final accountability 
process to the Environmental Management 
Commission for approval within one year after 
the effective date of the rule. The 
Environmental Management Commission shall 
approve the accountability process if it meets 
requirements in Sub-Items (3)(a) and (3)(c) of 
this Rule. If the Basin Oversight Committee 
fails to submit an approvable accountability 
process to the Environmental Management 
Commission, then the Environmental 
Management Commission may accept 



alternative accountability process proposals 
within 15 months of the effective date of this 
Rule. If the Environmental Management 
Commission fails to receive an approvable 
accountability process, then the Environmental 
Management Commission may require all 
agricultural operations to follow the standard 
Best Management Practices option as specified 
in Item (8) of this Rule. 

(c) Include in the accountability process a method 
to accurately track implementation of BMPs, 
including location and type of BMPs; to 
estimate nitrogen reductions from BMP 
implementation; to quantify increases or 
decreases in nitrogen loading due to changes in 
land use, modified agricultural activity, or 
atmospheric nitrogen loading, based on the best 
available scientific information; to ensure 
operation and maintenance of BMPs, including 
year round management for water control 
structures; to address life expectancy of BMPs; 
and a method to ensure maintenance of the 
nitrogen net loading reduction after the initial 
five years of this Rule, including substitute 
BMPs to replace expired practices and 
additional BMPs to offset new sources of 
nitrogen. 

(d) Calculate a separate total nitrogen loading for 
agricultural lands in the Neuse River Basin 
above and below New Bern based on the 
average of 1991-1995 conditions. Based on 
this loading, calculate a separate 30 percent net 
reduction. Loading calculations must include 
atmospheric emissions and deposition of 
nitrogen from agricultural lands based on the 
best available scientific information. Allocate 
to counties or watersheds, as allowed in Sub- 
Item (4)(a) of this Rule, within the Neuse River 
Basin their portion of the calculated nitrogen 
loading reduction from agricultural operations, 
including any division of the reduction between 
specific categories of agricultural operations. 
Each county or watershed may not have to 
reduce individually its nitrogen loading by 30 
percent; however, the nitrogen loading 
reduction from all counties or watershed above 
New Bern shall collectively meet their total 
nitrogen reduction and all counties or 
watersheds below New Bern shall collectively 
meet their total nitrogen reduction. If the Basin 
Oversight Committee fails to allocate the 
nitrogen loading reductions from agricultural 
operations to counties or watersheds within the 
Neuse River Basin, the Environmental 
Management Commission may assign the 
agricultural nitrogen reductions based on the 
approved accountability process as described in 
Sub-Items {3)(a) and (3)(c) of this Rule. 



12:22 



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2028 



APPROVED RULES 



(e) Review, approve and summarize count\ 
nitrogen reduction strategies and present these 
strategies to the Environmental Management 
Commission for approval within X\\o \ears 
from the effective date of this Rule. 

(f) Review, approve and summarize local nitrogen 
reduction annual reports and present these 
reports to the Environmental Management 
Commission each October. Information to be 
included in the Annual Report is described in 
Item (5)(d) of this Rule. 

(4) Formation and membership of the Local Advisor. 
Committees. The Environmental Management 
Commission shall delegate to the Directors of the 
Division of VV'ater Oualit> and Division of Soil and 
Water Conservation the responsibility of forming 
Local Adv isop. Committees. 

(a) The Directors shall form Local Advisor. 
Committees in each count}, (or watershed 
specified bv the Basin Oversight Committee) 
within the Neuse River Basin. The Directors 
shall solicit nominations for membership on the 
Local Advisor. Committee from each of the 
following local agencies: 

(i) Soil and Water Conservation District, 
(ii) United States Department of 

Agriculture- Natural Resources 

Conservation Sen. ice. 
(iii) North Carolina Department of 

Agriculture, 
(iv) North Carolina Cooperative Extension 

Service, 
(v) North Carolina Division of Soil and 

Water Conservation, and 
(vi) The Directors shall also solicit at least 

two nominations that represents a local 

farmer in the countv- watershed. 
The Soil and Water Conserv ation District mav 
be designated bv the Basin Oversight 
Committee as the lead agencv on the Local 
Adv isor> Committee. 

(b) The Environmental Management Commission 
and Soil and Water Conservation Commission 
shall appoint members of Local Advisor. 
Committee from the nominees provided in Sub- 
Item (4)(a) of this Rule and shall be appointed 
for a term not to exceed five vears and shall 
serve at the pleasure of the Commissions. 

(5) Role of the Local Advisorv Committees. The 
Environmental Management Commission shall 
delegate the following responsibilities to emplovees 
of the Department who are members of the Local 
Advisor. Committees and emplovees of the Div ision 
of Soil and Water Conservation or its designee. 
These emplovees shall act with adv ice from the Local 
Advisor. Committees. 

(a) Conduct a sign-up process for persons wishing 
to voluntarilv implement the local nitrogen 



reduction strategy as specified in Item (7) of 
this Rule. This sign-up process shall be 
completed within one vear following the 
effective date of this Rule. 

(b) Develop local nitrogen reduction strategies that 
meet the nitrogen loading reduction goal for 
agricultural operations assigned bv the Basin 
Oversight Committee. The local strategies 
shall be designed to achieve the required 
nitrogen loading reduction within five vears 
from the effective date of this Rule. A matrix 
of best management practice options, which 
account for stream order, floodplain v\ idth. and 
regional variations in soil tvpes and 
topographv. mav be used in developing the 
local nitrogen reduction strategies. Local 
nitrogen reduction strategies must specify the 
name and location of participant agricultural 
farming operations. BMPs which will be 
required as part of the plan, estimated nitrogen 
reduction, schedule for BMP implementation, 
and operation and maintenance requirements. 
If the Local Advisor. Committee fails to 
develop the local nitrogen reduction strategy . 
the Environmental Management Commission 
mav dev elop the strategv based on the tracking 
and accounting method approved bv the 
Env ironmental Management Commission. 

(c) Submit an annual report to the Basin Oversight 
Committee each Mav on net total nitrogen 
loading reductions from agricultural 
operations, the implementation of BMPs for 
nitrogen control, and progress towards the total 
nitrogen loading reduction requirements in the 
Neuse River Basin above and below Nev\ 
Bern. 

(d) Include in the annual report, at a minimum, 
documentation on the BMPs implemented 
(including t\pe and location), their costs, 
documentation of anv' expired contracts for 
BMPs. estimated nitrogen net loading 
reductions achieved as a result of those BMPs. 
anv increases or decreases in nitrogen loading 
resulting from changes in land use or modified 
agricultural-related activit>. discussion of 
operation and maintenance of BMPs. and a 
summarv of the estimated load from 
agricultural operations for the previous vear. 
and anv modifications to the accounting 
methodolog>. Information shall be provided in 
the annual report on the status of BMP 
implementation and estimated total nitrogen 
reduction bv all agricultural operations w ithin 
the Neuse River Basin in each countv or 
watershed. The annual report shall also be ; 
summarized separatelv for cropland, livestock \ 
and poultp. activities. 

(6) Options for meeting the collective total nitrogen net 



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12:22 



APPROVED RULES 



loading reduction requirement. Each agricultural 
operation in the Neuse River Basin shall have two 
options for meeting the requirements of this Rule. 
The options are to either implement a local nitrogen 
reduction strategy, specified by Item (7) of this Rule, 
or implement standard Best Management Practices 
specified by Item (8) of this Rule. 

(7) Local nitrogen reduction strategy option. All persons 
subject to this Rule that choose to implement the 
county nitrogen reduction plan must complete the 
sign-up process that will be conducted per the 
requirements of Item (5)(a) of this Rule. This sign-up 
process will be completed within one year from the 
effective date of this Rule. If a person subject to this 
Rule does not complete the sign-up process, he shall 
be subject to implementation of Best Management 
Practices as specified in Item (8) of this Rule. 
Persons who choose to participate in the local 
nitrogen reduction strategy must commit and 
implement their portion of the plan within five years 
of the effective date of this Rule. A person may 
withdraw from the local nutrient reduction strategy up 
until the time that the local strateg\ is finalized by the 
Local Advisory Committee and the person signs the 
specific plan for his propert>. which represents his 
commitment to implement the plan w ithin five years 
of the effective date of the rules. After a person has 
made the commitment to implement the local strateg%' 
by signing the plan for his property . then such persons 
may not withdraw from the local nitrogen reduction 
strategy during the initial five-year period. The local 
nitrogen reduction strategy is not required to be more 
stringent than the standard best management practice 
option provided that the net nitrogen reduction goals 
are met collectively; however, the Local Advison, 
Committees may develop strategies that achieve 
reductions of greater than 30 percent. 

(8) Standard best management practice option. If a 
person subject to this Rule does not complete the 
sign-up process for implementation of the local 
nitrogen reduction strateg) . then he shall implement 
the following best management practices within four 
years following the effective date of this Rule. 

(a) A forested riparian area, as described in Sub- 
Item (8){a)(i)-(ii) of this Rule, is required on all 
sides of surface waters in the Neuse River 
Basin (intermittent streams, perennial streams, 
lakes, ponds and estuaries) as indicated on the 
most recent versions of U.S.G.S. 1:24,000 
scale (7.5 minute quadrangle) topographic 
maps or other site-specific evidence. Design 
and installation of the forested riparian area 
shall be such that, to the maximum extent 
possible, sheet flow of surface water is 
achieved. Any activities that would result in 
water qualit>' standard violations or disrupt the 
structural or fiinctional integrit) of the forested 
riparian area are prohibited. The protected 



riparian area shall have two zones as follows: 
(i) Zone 1 shall be undisturbed forest. Zone 
1 begins at the top of bank for 
intermittent streams and perennial 
streams without tributaries and extends 
landward a distance of 30 feet on each 
side of the waterbody, measured 
horizontally on a line perpendicular to 
the waterbody. For all other 

waterbodies. Zone 1 begins at the top of 
bank or the mean high water line and 
extends landward a distance of 30 feet, 
measured horizontally on a line 
perpendicular to the waterbody. Forest 
vegetation of any width that exists in 
Zone 1 as of July 22, 1997 must be 
preserved and maintained in accordance 
with Sub-Items (8)(a)(i)(A)-(E) of this 
Rule. The application of fertilizer in 
Zone I is prohibited. The following 
practices and activities are allowed in 
Zone I: 

(A) Natural regeneration of forest 
vegetation and planting 
vegetation to enhance the 
riparian area if disturbance is 
minimized, provided that any 
plantings shall primariK consist 
of locally native trees and shrubs; 

(B) Selective cutting of individual 
trees of high value in the outer 20 
feet of Zone 1 , provided that the 
basal area of this outer 20-foot 
wide area remains at or above 75 
square feet per acre and is 
computed according to the 
following method. Basal area of 
this outer 20-foot wide area shall 
be computed ever} 100 feet 
along the stream to ensure even 
distribution of forest vegetation 
and shall be based on all trees 
measured at 4.5 feet from ground 
level. No tracked or wheeled 
equipment is allowed in Zone 1 
except at stream crossings which 
are designed, constructed and 
maintained in accordance with 
Forest Practice Guidelines 
Related to Water Quality (15A 
NCAC IJ .0201 -.0209);' 

(C) Horticulture or silvicultural 
practices to maintain the health 
of individual trees; 

(D) Removal of individual trees 
which are in danger of causing 
damage to dwellings, other 



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NORTH CAROLINA REGISTER 



May 15, 1998 



2030 



APPROVED RILES 



structures, or the stream channel: 

and 

(E) Remo\ al of dead trees and other 

timber cutting techniques 

necessan. to prevent extensive 

pest or disease infestation if 

recommended b> the Director. 

Division of Forest Resources and 

approved bv the Director. 

Division of Water QuaHt> . 

(ii) Zone 2: begins at the outer edge of 

Zone 1 and extends landward a 

minimum of 20 feet as measured 

horizontalK on a line perpendicular to 

the v\ aterbodv . The combined minimum 

width of Zones 1 and 2 shall be 50 feet 

on all sides of the waterbodv. 

Vegetation in Zone 2 shall consist of a 

dense ground cover composed of 

herbaceous or vsoodv species v\hich 

provides for diffusion and infiltration of 

runoff and filtering of pollutants. The 

following practices and activities are 

allowed in Zone 2 in addition to those 

allowed in Zone 1 : Periodic mow ing 

and remov al of plant products such as 

timber, nuts, and fruit is allowed on a 

periodic basis provided the intended 

purpose of the riparian area is not 

compromised b\ harvesting. 

disturbance, or loss of forest or 

herbaceous ground cover. Forest 

vegetation in Zone 2 mav be managed to 

minimize shading on adjacent land 

outside the riparian area if the water 

qualitv function of the riparian area is 

not compromised. 

(iii) The following practices and activities 

are not allovsed in Zone 1 and Zone 2: 

(A) Land disturbing activities and 
placement of till and other 
materials, other than those 
allowed in Items (8)(a)(i) and 
(8)(b) of this Rule: 

(B) New development; 

(C) New on-site sanitar> sewage 
svstems which use ground 
absorptions: 

(D) .Anv activity that threatens the 
health and function of the 
vegetation including, but not 
limited to. application of 
fertilizer or chemicals in amounts 
exceeding the manufacturer's 
recommended rate, uncontrolled 
sediment sources on adjacent 
lands, and the creation of anv 
areas w ith bare soil. 



( iv ) Timber remov al and skidding of trees in 
the riparian area shall be directed avvav 
from the water course or water body. 
Skidding shall be done in a manner to 
prevent creation of ephemeral channels 
perpendicular to the water bod\ . Anv 
tree removal must be performed in a 
manner that does not compromise the 
intended purpose of the riparian area 
and is in accordance with the Forest 
Practices Guidelines Related to Water 
Qualitv (15ANCAC 1 J .020 1 -.0209). 
(b) The following waterbodies and land uses are 

exempt from the riparian area requirement: 
(i) Ditches and manmade convevances. 
other than modified natural streams, 
which under normal conditions do not 
receive drainage waters from anv 
tributan. ditches, canals, or streams, 
unless the ditch or manmade 
conveyance delivers runoff directlv to 
waters classified in accordance with 
15ANCAC2B.0100: 

(ii) Ditches and manmade convevances 
other than modified natural streams 
which are used exclusivelv for drainage 
of silvicultural land or naturalK forested 
areas. .'\11 forest harvesting operations 
shall be in compliance with North 
Carolina's Forest Practices Guidelines 
Related to W ater Quality : 

(iiij Areas mapped as perennial streams, 
intermittent streams, lakes, ponds or 
estuaries on the most recent versions of 
United States Geological Survev 
1:24.000 scale (7.5 minute quadrangle) 
topographic maps vshere no perennial, 
intermittent v\ aterbodv. or lakes, ponds 
or estuaries exists on the ground; 

(iv) Ponds and lakes created for animal 
watering, irrigation, or other agricultural 
uses that are not part of a natural 
drainage wav that is classified in 
accordance with 15A NCAC 28 .0100; 

(v) Water dependent structures as defined 
in 15A NCAC 28 .0202 provided that 
they are located, designed, constructed 
and maintained to provide maximum 
nutrient removal, to have the least 
adverse effects on aquatic life habitat 
and to protect water quality : 

(vi) The following uses may be allowed 
where no practical alternative exists. A 
lack of practical alternatives may be 
shown bv demonstrating that, 
considering the potential for a reduction 
in size, configuration or densitv of the 
proposed activitv and all alternative 



2031 



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Mav 15. 1998 



12:22 



APPROVED RULES 



designs, the basic project purpose 
cannot be practically accomplished in a 
manner which would avoid or result in 
less adverse impact to surface waters. 
Also, these structures shall be located, 
designed, constructed, and maintained to 
have minimal disturbance, to provide 
maximum nutrient removal and erosion 
protection, to have the least adverse 
effects on aquatic life and habitat, and to 
protect water quality' to the maximum 
extent practical through the use of best 
management practices: 

(A) Road crossings, railroad 
crossings, bridges, airport 
facilities, and utility crossings 
may be allowed if conditions 
specified in Sub-Item (8)(b)(vi) 
of this Rule are met; 

(B) Stormwater management 
facilities and ponds, and utility 
construction and maintenance 
corridors for utilities such as 
water, sewer or gas. may be 
allowed in Zone 2 of the riparian 
area as long as the conditions 
specified in Sub-Item (8)(b)(vi) 
of this Rule are met and they are 
located at least 30 feet from the 
top of bank or mean high water 
line. Additional requirements for 
utility construction and 
maintenance corridors are listed 
in Sub-Item (8)(b)(vi) of this 
Rule. 

(vii) A corridor for the construction and 
maintenance of utility lines, such as 
water, sewer or gas, (including access 
roads and stockpiling of materials) may 
run parallel to the stream and may be 
located within Zone 2 of the riparian 
area, as long as no practical alternative 
exists and they are located at least 30 
feet ft-om the top of bank or mean high 
water line and best management 
practices are installed to minimize 
runoff and maximize water quality 
protection to the maximum extent 
practicable. Permanent, maintained 
access corridors shall be restricted to the 
minimum width practicable and shall 
not exceed 10 feet in width except at 
manhole locations. A 10 feet by 10 feet 
perpendicular vehicle turnaround is 
allowed provided they are spaced at 
least 500 feet apart along the riparian 
area: 

(viii) Stream restoration projects, scientific 



studies, stream gauging, water wells, 
passive recreation facilities such as 
boardwalks, trails, pathways, historic 
preservation and archaeological 
activities are allowed; provided that they 
are located in Zone 2 and are at least 30 
feet from the top of bank or mean high 
water line and are designed, constructed 
and maintained to provide the maximum 
nutrient removal and erosion protection, 
to have the least adverse effects on 
aquatic life and habitat, and to protect 
water quality to maximum extent 
practical through the use of best 
management practices. Activities that 
must cross the stream or be located 
within Zone 1 are allowed as long as all 
other requirements of this Item are met; 

(ix) Stream crossings associated with timber 
harvesting are allowed if performed in 
accordance with the Forest Practices 
Guidelines Related to Water Quality 
(15ANCAC lJ.0201-.0209); and 

(x) In addition to exceptions included in 
Sub-Item (8)(b)(i)-(ix), canals, ditches, 
and other drainage conveyances are 
exempt from the riparian area 
requirement if both water control 
structures with a water control structure 
management plan and a nutrient 
management plan, are implemented on 
the adjacent agricultural land according 
to the standards and specifications of the 
USDA - Natural Resources 
Conservation Service or the standards 
and specifications adopted by the NC 
Soil and Water Conservation 
Commission. The water control 
structures and nutrient management 
practices must provide equivalent 
protection and directly affect the land 
and waterbodies draining into the 
waterbody exempted from the riparian 
area requirement. To the maximum 
extent practical, water control structures 
shall be managed to maximize nitrogen 
removal throughout the year. A 
technical specialist designated pursuant 
to rules adopted by the Soil and Water 
Conservation Commission must provide 
written approval that the nutrient 
management and water management 
plans meet the standards and 
specifications of the USDA - Natural 
Resources Conservation Service or the 
standards and specifications adopted by 
the NC Soil and Water Conservation 
Commission. If the nutrient 



12:22 



NORTH CAROLINA REGISTER 



May 15, 1998 



2032 



APPROVED RULES 



management plans and water 
management plans are not implemented, 
then a riparian area pursuant to this 
Section is required. 

(c) The follow ing are modifications to the riparian 
area requirements. 

( i ) On agricultural land \\ here either water 
control structures with a water control 
structure management plan, or a nutrient 
management plan is implemented 
according to the standards and 
specifications of the USDA - Natural 
Resources Conservation Ser\ ice or the 
standards and specifications adopted b\ 
the NC Soil and Water Conservation 
Commission, then a 20-ft forested or a 
30-ft vegetated buffer is required. The 
water control structures or nutrient 
management practices must provide 
equi\ alent protection and directh affect 
the land and waterbodies draining into 
the waterbod\ uith a modified buffer 
requirement. To the maximum extent 
practical, water control structures shall 
be managed to maximize nitrogen 
removal throughout the \ear. .A 
technical specialist designated pursuant 
to rules adopted b> the Soil and Water 
Conser\ation Commission must pro\ ide 
written approval that the nutrient 
management plan meets the standards 
and specifications of the USDA - 
Natural Resources Conservation Service 
or the standards and specifications 
adopted b\ the NC Soil and Water 
Conservation Commission, 
(ii) A \egetated riparian area may be 
substituted for an equivalent width of 
forested riparian area within 1 00 feet of 
tile drainage, 
(iii) Where the riparian area requirements 
would result in an unavoidable loss of 
tobacco allotments [(7 CFR 723.220(c)] 
and the BMPs of controlled drainage or 
nutrient management are not in place, 
forest cov er is required onK in the first 
20 feet of the riparian area. 

(d) Maintenance of Zones 1 and 2 is required in 
accordance with this Rule. 

(i) Sheet flow must be maintained to the 
maximum extent practical through 
dispersing concentrated flow and re- 
establishment of vegetation to maintain 
the effectiveness of the riparian area, 
(ii) Concentrated runoff from new ditches 
or manmade conveyances must be 
dispersed into sheetflow before the 
runoff enters Zone 2 of the riparian 



area. Existing ditches and manmade 
conveyances, as specified in Sub-Item 
(8)(b)(ii) of this Rule, are exempt from 
this requirement: however, care shall be 
taken to minimize pollutant loading 
through these existing ditches and 
manmade conveyances from fertilizer 
application or erosion, 
(iii) Periodic corrective action to restore 
sheet flow shall be taken by the 
landowner if necessary to impede the 
formation of erosion gullies which allow 
concentrated flow to bypass treatment in 
the riparian area. 

(e) Periodic maintenance of modified natural 
streams such as canals is allowed provided that 
disturbance is minimized and the structure and 
function of the riparian area is not 
compromised. A grassed travelway is allowed 
on one side of the vvaterbody when alternative 
forms of maintenance access are not practical. 
The width and specifications of the travelway 
shall be only that needed for equipment access 
and operation. The travelway shall be located 
to maximize stream shading. 

(f) Where the standards and management 
requirements for riparian areas are in conflict 
with other laws, regulations, and permits 
regarding streams, steep slopes, erodible soils, 
wetlands, floodplains, forest harvesting, 
surface mining, land disturbance activities, 
development in Coastal Area Management Act 
Areas of Environmental Concern, or other 
environmental protection areas, the more 
protective shall apply. 

(g) The Environmental Management Commission 
acknowledges that best management practices 
under the standard management practice option 
of this Rule do not fully address nitrogen 
loading, including atmospheric emissions and 
deposition, from animal operations. As 
information becomes available on nitrogen 
loadings from animal operations and best 
management practices to control these 
loadings, other best management practices 
from animal operations may be required bv the 
Commission as necessarv to achiev e equiv alent 
reduction in nitrogen loadings therefrom. 
These additional best management practices 
shall be required if deemed necessary to 
achieve a net total nitrogen loading reduction 
from the animal operations based on average 
1991-1995 conditions. 

History- Note: Auihorit}- G. S. 143-214.1: 143-214.': 143- 

215.3la)(l): 

Eff.Aimist l. 1998. 



2033 



yORTH CAROLISA REGISTER 



Mav J 5. 1998 



12:22 



APPROVED RULES 



.0239 NEUSE RIVER BASIN: NUTRIENT 

SENSITIVE WATERS MANAGEMENT 
STRATEGY: NUTRIENT MANAGEMENT 

The following is the management strategy for nutrient 
management in the Neuse River Basin: 

(1) The following persons shall obtain a certificate, 
issued within five years of the effective date of this 
Rule by the Cooperative Extension Service or the 
Division of Water Quality, verifying completion of 
training and continuing education in nutrient 
management. Within one year from the effective date 
of this Rule, the Division of Water Quality, in 
cooperation with the Cooperative Extension Service, 
shall conduct a sign-up process for persons wishing to 
take the nutrient management training. If these 
persons fail to obtain the nutrient management 
certificate, they are required to develop and properly 
implement nutrient management plans for the lands 
where they apply fertilizer within five years of the 
effective date of this Rule: 

(a) Applicators who in a calendar year apply 
fertilizer to cropland areas, including row and 
vegetable crops, floriculture areas, ornamental 
areas and greenhouse production areas, that 
together comprise at least 50 acres and persons 
responsible for managing cropland areas, as 
described in Sub-Item ( 1 )(a) of this Rule, that 
together comprise at least 50 acres; 

(b) Applicators who in a calendar year apply 
fertilizer to a golf course, recreational land 
areas, right-of -way, or other turfgrass areas 
that together comprise at least 50 acres, and 
persons responsible for managing the turfgrass 
aspects of lands, as described in Sub-Item 
( 1 )(b) of this Rule, that together comprise at 
least 50 acres; and 

(c) Commercial applicators who apply fertilizer to 
at least 50 total acres per year of lawn and 
garden areas in residential, commercial, or 
industrial developments, and persons 
responsible for managing the lawn and garden 
aspects of lands, as described in Sub-Item 
(l)(c) of this Rule, that together comprise at 
least 50 acres. 

(2) If the persons listed in Sub-Items (l)(a)-(c) of this 
Rule do not attend and complete within five years of 
the effective date of this Rule a nutrient management 
training program administered by the Cooperative 
Extension Service, their nutrient management plans 
shall meet the following requirements: 

(a) Nutrient management plans for cropland shall 
meet the standards and specifications of the 
USDA - Natural Resources Conservation 
Service or the standards and specifications 
adopted by the NC Soil and Water 
Conservation Commission. Written approval 
from a technical specialist designated pursuant 
to rules adopted by the Soil and Water 



Conservation Commission must be obtained by 
the applicator certifying that a nutrient 
management plan meeting these standards has 
been developed for the lands where they apply 
fertilizer, 
(b) Nutrient management plans for turfgrass, 
floriculture, ornamental and greenhouse 
production application of nutrients shall meet 
recommended guidelines in the following 
documents or other recommended guidelines 
from land-grant universities to minimize 
nutrient loss to waters in the Neuse River 
Basin. Nutrient management plans for 
turfgrass shall follow the North Carolina 
Cooperative Extension Service (NCCES) 
guidelines in "Water Quality And Professional 
Lawn Care"; NCCES publication number 
WQMlVl-155 or "Water Quality And Home 
Lawn Care"; NCCES publication number 
WQIVlM-151. Copies may be obtained from 
the Division of Water Quality. 512 North 
Salisbury Street. Raleigh. North Carolina 
27626 at no cost. Nutrient management plans 
for nursery crops and greenhouse production 
shall follow the Southern Nurserymen's 
Association guidelines promulgated in "Best 
Management Practices Guide For Producing 
Container-Grown Plants". Copies may be 
obtained from the Southern Nurserymen's 
Association. 1000 Johnson Ferry Road. Suite 
E-130. Marietta. GA 30068-2100 at a cost of 
thirty-five dollars ($35.00). There materials 
related to nutrient management plans for 
turfgrass. nursery crops and greenhouse 
production are hereby incorporated by 
reference including any subsequent 
amendments and editions and are available for 
inspection at the Department of Environment 
and Natural Resources Library. 512 North 
Salisbury Street. Raleigh. North Carolina. The 
Division of Water Quality shall develop model 
plans in consultation with the Cooperative 
Extension Service, the Natural Resources 
Conservation Service, the Division of Soil and 
Water Conservation, and the North Carolina 
Department of Agriculture and approved by the 
Director of the Division of Water Quality 
within one year of the effective date of this 
Rule. The model plans shall provide a 
description of the type of information to be 
included in the plans for source of nutrients, 
the amount of nutrient applied, the placement 
of nutrients, and the timing of nutrient 
applications. Written approval from a 
technical specialist designated pursuant to rules 
adopted by the Environmental Management 
Commission must be obtained by the applicator 
certifying that a nutrient management plan 



12:22 



NORTH CAROLINA REGISTER 



May 15, 1998 



2034 



APPROVED RULES 



meeting these standards has been developed for 

the lands where the\' appK fertihzer. 

(c) For nutrient management plans developed 
under Sub-Items (2)(a) and (2)(b) of this Rule 
using dr\ poultPv litter from animal vsaste 
management s\stems involving 30.000 or more 
birds, dn. poultrs litter shall be applied at 
agronomic rates for nitrogen based on realistic 
N'ield expectations derived from waste nutrient 
content crop and soil type or yield records. 

(d) Nutrient management plans and supporting 
documents must be kept on-site or be 
producible within 24 hours of a request b\ the 
Di\ ision of Water Oualit> . 

(e) Nutrient management plans ma\ be written b\ 
the applicator or a consultant to the applicator. 

(3) Applicators and commercial applicators subject to 
Item (2) of this Rule who do not develop a nutrient 
management plan or do not appK' nutrients in 
accordance w ith a nutrient management plan meeting 
the specifications in Item (2) are in violation of this 
Rule and are subject to enforcement measures 
authorized in G.S. 143-215. 6A (ci\il penalties). G.S. 
1 43-2 1 5.6B (criminal penalties), and G.S. 1 43-2 1 5.6C 
(injuncti\e relief). 

(4) Residential landowners and other individuals appK ing 
fertilizer to less than 50 acres per year shall to the 
maximum extent practical appK fertilizer to 
residential, commercial, industrial, turfgrass. and 
cropland areas at rates recommended b\ the 
Cooperati\e Extension Ser\ ice. 



143- 



HistoiySote: Authority G. S. 143-214.1: 143-214. 

215.3(ajfl): 

Eg, A must L 1998. 

SECTION .0300 - ASSIGNMENT OF STREAM 
CLASSIFICATIONS 



.0303 LITTLE TENN RIVER BASIN AND 

SAVANNAH RIVER DRAINAGE AREA 

(a) The schedule ma\ be inspected at the following places: 

(1) Clerk of Court: 
Cla>' Count) 
Graham Count> 
Jackson Counts 
Macon Count) 
Swain Count)' 
Trans) Kania Count)- 

(2) North Carolina Department of En\ironment and 
Natural Resources 

Ashe\ ille Regional Oftlce 
Interchange Building 
59 W oodtln Place 
Asheville. North Carolina. 

(b) Unnamed Streams. Such streams entering Georgia or 
Tennessee shall be classified "C Tr." Such streams in the 
Savannah Ri\er drainaae area entering South Carolina shall be 



classified "B Tr." 

(c) The Little Tennessee River Basin and Savannah River 
Drainage Area Schedule of Classifications and Water Qualit) 
Standards was amended effective: 

(1) Februar) 16. 1977; 

(2) March 1.1977: 

(3) July 13. 1980; 

(4) Februar) 1. 1986; 

(5) October 1. 1987: 

(6) March 1.1989; 

(7) Januar) 1. 1990: 

(8) July 1. 1990; 

(9) August 1, 1990; 

(10) March 1.1991; 

(11) August 3. 1992; 

(12) Februar) 1. 1993; 

(13) August 1,1994; 

(14) September 1. 1996; 

(15) August 1. 1998; 

(d) The Schedule of Classifications of Water Qualit) 
Standards for the Little Tennessee Basin and Savannah River 
Drainage Area was amended effective March 1. 1989 as follows: 

(1) Nantahala Ri\er (Inde.x No. 2-57) from source to the 
backwaters of Nantahala Lake and all tributar)' waters 
were reclassified from Class B-trout. Class C-trout 
and Class C to Class B-trout ORW. Class C-trout 
ORW and Class C ORW. 

(2) Chattooga River (Index No. 3) including Scotsman 
Creek. Overflow Creek. Big Creek. Talle)- Mill Creek 
and all tributan, waters were reclassified from Class 
B-trout. Class C-trout and Class C to Class B-trout 
ORW. Class C-trout ORW and Class C ORW and 
Clear Creek and all tributar)' waters were reclassified 
from Class C-trout and Class C to Class B-trout and 
Class B. 

(e) The Schedule of Classifications and Water Qualir) 
Standards for the Little Tennessee River Basin and Savannah 
River Drainage Area was amended effective Januar) 1. 1990 as 
follows: 

(1) North Fork Coweeta Creek (Index No. 2-10-4) and 
Falls Branch (Index No. 2-10-4-1) were reclassified 
from Class C to Class B. 

(2) Bumingtown Creek (Index No. 2-38) was reclassified 
from C-trout to B-trout. 

(f) The Schedule of Classifications and Water Qualit) 
Standards for the Little Tennessee Ri\er Basin and Savannah 
Ri\er Drainage Area was amended effective Jul) 1 . 1990 b) the 
reclassification of Alarka Creek (Index No. 2-69) from source to 
Upper Long Creek (Index No. 2-69-2) including all tributaries 
from Classes C and C Tr to Classes C HQW and C Tr HQW. 

(g) The Schedule of Classifications and Water Qualit) 
Standards for the Little Tennessee Ri\er Basin and Savannah 
River Drainage Area was amended effective March 1. 1991 as 
follows: 

(I) Cartoogechaye Creek [Index Nos. 2-19-(l) and 
2-19-(16)] from Gibson Cove Branch to bridge at 
U.S. Hwy. 23 and 441 and from the bridge at U.S. 
Hw\'. 23 and 441 to the Little Tennessee River was 



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reclassified from Classes WS-111 Tr and C Tr to 

Classes WS-Ill and B Tr and B Tr respectively. 

(2) Coweeta Creek (Index Nos. 2-10) from its source to 

the Little Tennessee River including all tributaries 

except Dryman Fork (Index No. 2-10-3) and North 

Fork Coweeta Creek (Index No. 2-10-4) was 

reclassified from Classes C and C Tr to Classes B and 

BTr. 

(h) The Schedule of Classifications and Water Quality 

Standards for the Little Tennessee River Basin and Savannah 

River Drainage Area was amended effective August 3. 1992 

with the reclassification of all water supply waters (waters with 

a primary classification of WS-1. WS-11 or WS-111). These 

waters were reclassified to WS-1. WS-II, WS-111. WS-IV or WS- 

V as defined in the revised water supply protection rules, ( 1 5A 

NCAC 2B .0100. .0200 and .0300) which became effective on 

August 3. 1992. In some cases, streams with primary' 

classifications other than WS were reclassified to a WS 

classification due to their proximity and linkage to water supply 

waters. In other cases, waters were reclassified from a WS 

classification to an alternate appropriate primary classification 

after being identified as downstream of a water supply intake or 

identified as not being used for water supply purposes. 

(i) The Schedule of Classifications and Water Quality 
Standards for the Little Tennessee River Basin and Savannah 
River Drainage Area has been amended effective February 1, 
1993 as follows: 

(1) Bearwallow Creek from its source to 2.3 miles 
upstream of the Toxaway River [Index No. 4-7-(l)] 
was revised to indicate the application of an additional 
management strategy (referencing 1 5A NCAC 2B 
.0201(d) to protect downstream waters; and 

(2) the Tuckaseegee River from its source to Tennessee 
Creek [Index No. 2-79-(0.5)] including all tributaries 
was reclassified from Classes WS-III&B Tr HQW, 
WS-III HQW and WS-III to Classes WS-III Tr ORW 
and WS-III ORW. 

(j) The Schedule of Classifications and Water Quality 
Standards for the Little Tennessee River Basin and Savannah 
River Drainage Area was amended effective August 1, 1994 
with the reclassification of Deep Creek [Index Nos. 2-79-63-(l) 
and 2-79-63-(16)] from its source to the Great Smokey 
Mountains National Park Boundary including tributaries from 
Classes C Tr, B Tr and C Tr HQW to Classes WS-II Tr and WS- 
II Tr CA. 

(k) The Schedule of Classifications and Water Quality- 
Standards for the Little Tennessee River Basin and Savannah 
River Drainage Area was amended effective September 1, 1996 
as follows: 

(1) Deep Creek from the Great Smoky Mountains 
National Park Boundary to the Tuckasegee River 
[index no. 2-79-63-(21 )] was reclassified from Class 
C Tr to Class B Tr; and 

(2) the Tuckasegee River from the West Fork Tuckasegee 
River to Savannah Creek and from Macks Town 
Branch to Cochran Branch [Index Nos. 2-79-(24), 2- 
79(29.5) and 2-79-(38)] was reclassified from Classes 
WS-III Tr, WS-III Tr CA and C to Classes WS-lIl&B 



Tr. WS-III&B TrCA and B. 

(I) The Schedule of Classifications and Water Quality 
Standards for the Little Tennessee River Basin and Savannah 
River Drainage Area was amended effective August 1, 1998 
with the reclassifications of Thorpe Reservoir (Lake Glenville), 
Hurricane Creek, and Laurel Branch [Index Nos. 2-79-23-(l). 2 
-79-23-2, and 2-79-23-2-1 respectively] from classes WS-IIl&B, 
WS-III Tr and WS-III to classes WS-III&B HQW, WS-III Tr 
HQW, and WS-III HQW. 

Histoiy Note: Authority G.S. 143-214.1: 143-215.1: 

143-215. 3(a)(1): 

Eff. February 1, 1976: 

Amended Eff. August ]_^ 1998 : September 1, 1996: August 1. 

1994: February 1. 1993: August 3. 1992: March I. 1991. 

.0304 FRENCH BROAD RIVER BASIN 

(a) The schedule may be inspected at the following places; 

(1) Clerk of Court: 
Aver\' County 
Buncombe County 
Haywood County 
Henderson County 
Madison County 
Mitchell County 
Transylvania County 
Yancey County 

(2) North Carolina Department of Environment and 
Natural Resources 

Asheville Regional Office 
Interchange Building 
59 Woodfin Place 
Asheville, North Carolina. 

(b) Unnamed Streams. Such sfreams entering Tennessee will 
be classified "B." 

(c) The French Broad River Basin Schedule of Classifications 
and Water Quality Standards was amended effective: 

(1) September 22, 1976; 

(2) March 1, 1977; 

(3) August 12, 1979; 

(4) April 1, 1983; 

(5) August 1. 1984; 

(6) August 1. 1985; 

(7) February 1. 1986; 

(8) May 1.1987; 

(9) March 1. 1989; 
(10) October 1, 1989; 

(II) January 1, 1990; 

(12) August 1, 1990; 

(13) August 3. 1992; 

(14) October 1, 1993; 

(15) July 1, 1995; 

(16) November I, 1995; 

(17) January 1, 1996; 

(18) April 1, 1996; 

(19) August 1. 1998. 

(d) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 



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2036 



APPROVED RULES 



effective March 1. 1989 as follows: 

(1 ) Cataloochee Creek (Index No. 5-41) and all tributary 
waters were reclassified from Class C-trout and Class 
C to Class C-trout ORW and Class C ORW. 

(2) South Fork Mills River (Index No. 6-54-3) down to 
Queen Creek and all tributaries were reclassified from 
Class WS-1 and Class WS-Ill-frout to Class WS-1 
ORW and Class WS-111-trout ORW. 

(e) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective October 1, 1989 as follows: Cane River (Index No. 
7-3) from source to Bow lens Creek and all tributaries were 
reclassified from Class C trout and Class C to Class WS-111 trout 
and Class WS-IH. 

(f) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective January 1. 1990 as follows: North Toe River (Index 
No. 7-2) from source to Cathis Creek (Christ Branch) and all 
tributaries were reclassified from Class C trout and Class C to 
Class WS-lll trout and Class WS-III. 

(g) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective August 3. 1992 with the reclassification of all water 
suppK waters (waters with a primary classification of WS-1, 
WS-11 or WS-111). These waters were reclassified to WS-1. 
WS-Il. WS-111. WS-IV or WS-V as defined in the revised water 
supply protection rules. (15A NCAC 2B .0100. .0200 and .0300) 
which became effective on August 3. 1992. In some cases, 
streams with priman,' classifications other than WS were 
reclassified to a WS classification due to their proximit\' and 
linkage to water supply waters. In other cases, waters were 
reclassified from a WS classification to an alternate appropriate 
primar> classification after being identified as downstream of a 
water suppK intake or identified as not being used for water 
suppK purposes. 

(h) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective October 1. 1993 as follows: Reasonover Creek [Index 
No. 6-38-14-(l)] from source to Reasonover Lake Dam and all 
tributaries were reclassified from Class B Trout to Class WS-V 
and B Trout, and Reasonover Creek [Index No. 6-38-14-(4)] 
from Reasonover Lake Dam to Lake Julia Dam and all 
tributaries were reclassified from Class C Trout to Class WS-V 
Trout. 

(i) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective JuK 1, 1995 with the reclassification of Cane Creek 
[Index Nos. 6-57-( 1 ) and 6-57-(9)] from its source to the French 
Broad River from Classes WS-IV and WS-IV Tr to Classes 
WS-V, WS-V Tr and WS-IV. 

(j) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective November 1, 1995 as follows: North Toe River [Index 
Numbers 7-2-(0.5) and 7-2-(37.5)] from source to a point 0.2 
miles downstream of Banjo Branch, including tributaries, has 
been reclassified from Class WS-111, WS-111 Trout and WS-111 
Trout CA (critical area) to Class WS-IV Trout, WS-IV, WS-IV 
Trout CA, and C Trout. 



(k) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective January 1, 1996 as follows: Stokely Hollow [Index 
Numbers 6-121 .5-( 1 ) and 6- 1 2 1 .5-(2 )] from source to mouth of 
French Broad River has been reclassified from Class WS-II and 
Class WS-11 CA to Class C. 

(1) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended April 
1 , 1 996 with the reclassification of the French Broad River 
[Index No. 6-(l)] from a point 0.5 miles downsfream of Little 
River to Mill Pond Creek to Class WS-IV: French Broad River 
[Index No. 6-(51.5)] from a point 0.6 miles upstream of Mills 
River to Mills River to Class WS-IV CA (Critical .Area), from 
Mills River to a point 0.1 miles upstream of Boring Mill Branch 
to Class C; and the Mills River [Index No. 6-54-(5)] was 
reclassified from City of Hendersonville water supply intake to 
a point 0.7 miles upstream of mouth of Mills River to Class 
WS-111, and from a point 0.7 miles upstream of mouth of Mills 
River to French Broad River to Class WS- 111 CA (Critical 
Area). 

(m) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
August 1, 1998 with the revision to the primarv classification for 
portions of the French Board River [Index No. 6-(38.5)] and the 
North Toe River 7-2-( 10.5) from Class IV to Class C. 

(n) The schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
August 1, 1998 with the reclassification of Clear Creek [Index 
No. 6-55-( 1 )] from its source to Lewis Creek from Class C Tr to 
Class B Tr. 

Histoiy Note: Authority G.S. 143-214.1: 143-215.1: 

143-215. 3(a)(1): 

Eft: Febriiaiy 1. 19-6: 

.Amended Eli: August 1, 1998 : April 1. 1994: Februaiy 1. 1993: 

.August 3. 1992: .April 1. 1992. 

.0308 CATAWBA RIVER BASIN 

(a) The schedule may be inspected at the following places: 

(1) Clerk of Court: 
Alexander County 
Avery County 
Burke County 
Caldwell County 
Catawba County 
Gaston County 
Iredell County 
Lincoln Countv' 
McDowell County 
Mecklenburg Count)' 
Union County 
Watauga County 

(2) North Carolina Department of Environment and 
Natural Resources: 

(A) Mooresville Regional Office 
919 North Main Street 
Mooresville, North Carolina 

(B) Asheville Regional Office 



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APPROVED RULES 



Interchange Building 
59 Woodfin Place 
Asheville, North Carolina. 

(b) Unnamed Streams. Such streams entering South Carolina 
are classified "C." 

(c) The Catawba River Basin Schedule of Classifications and 
Water Quality Standards was amended effective: 

(1) March I. 1977; 

(2) August 12, 1979; 

(3) April 1. 1982; 

(4) .lanuary 1. 1985; 

(5) August 1, 1985; 

(6) February 1. 1986; 

(7) March 1,1989; 

(8) May 1, 1989; 

(9) March 1,1990; 

(10) August 1, 1990; 

(11) Augusts. 1992; 

(12) April 1,1994; 

(13) July 1, 1995; 

(14) September 1, 1996; 

(15) August 1. 1998. 

(d) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
March 1, 1989 as follows: 

(1) Wilson Creek (Index No. 1 1-38-34) and all tributary 
waters were reclassified ft-om Class B-trout and Class 
C-trout to Class B-trout ORW and Class C-trout 
ORW. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
May 1, 1989 as follows: 

(1) Henry Fork [Index Nos. 11-129-1-(1) and 
1 1-1 29-1 -(2)] from source to Laurel Creek, including 
all tributaries, were reclassified trom Class WS-1, C 
and C trout to Class WS-1 ORW, C ORW and C trout 
ORW, except Ivy Creek and Rock Creek which will 
remain Class C trout and Class C. 

(2) Jacob Fork [Index Nos. ll-129-2-(l) and 
11-1. '-2-(4)] from source to Camp Creek, including 
all tributaries, were reclassified from Class WS-111 
trout and WS-111 to WS-III trout ORW and WS-111 
ORW. 

(f) The Schedule of Classifications and Water Quality- 
Standards for the Catawba River Basin was amended effective 
March 1, 1990 as follows: 

( 1 ) Upper Creek [Index No. 1 1 -35-2-( 1 )] from source to 
Timbered Branch including all tributaries except 
Timbered Branch (Index No. 11-35-2-9) was 
reclassified from Class C Trout to Class C Trout 
ORW. 

(2) Steels Creek [Index No. 1 1-35-2-12( 1 )] from source 
to Little Fork and all tributaries was reclassified from 
Class C Trout to Class C Trout ORW. 

(g) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
August 3, 1992 with the reclassification of all water supply 
waters (waters with a primary classification of WS-1. WS-11 or 



WS-III). These waters were reclassified to WS-1, WS-II, WS- 
III, WS-IV or WS-V as defined in the revised water supply 
protection rules, (15A NCAC 2B .0100, .0200 and .0300) which 
became effective on August 3. 1992. In some cases, streams 
with primary classifications other than WS were reclassified to 
a WS classification due to their proximity and linkage to water 
supply waters. In other cases, waters were reclassified from a 
WS classification to an alternate appropriate primary 
classification after being identified as downstream of a water 
supply intake or identified as not being used for water supply 
purposes. 

(h) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
April 1. 1994 as follows: 

(1) Friday Lake (Index No. 1 1-125.5) from its source to 
Little Paw Creek was reclassified from Class C to 
Class B. 

(2) The Linville River [Index No. 12-29-(l)] from 
Grandmother Creek to Linville Falls was reclassified 
from Class C Tr to Class B Tr. 

(i) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
July 1, 1995 with the reclassification of Clark Creek from a 
point 0.6 mile downstream of Catawba County SR 2014 to 0.4 
mile upstream of Larkard Creek [Index No. 1 1-129-5-(4.5)], and 
Howards Creek from its source to 0.7 mile upsfream of Lincoln 
County State Road 1200 [Index No. 11-129-4], including 
associated tributaries from Class WS-IV to Classes C and 
WS-IV. 

(j) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
September 1, 1996 as follows: 

(1) North Fork Catawba River [Index No. ll-24-(l)] 
from Laurel Branch to Armstrong Creek from Class C 
Tr to Class B Tr; and 

(2) Catawba River (Lake Hickory) from Rhodhiss dam to 
highway 321 [Index No. 11 -(51)] from Class WS- 
IVCA to Class WS-IV&B CA. 

(k) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
August 1 , 1 998 with the revision to the primary classification for 
portions of the South Fork Catawba River [Index No. 1 1-129- 
(0.5)] and Hoyle Creek [Index No. 1 1-129-1 5-(l)] from Class 
WS-IV to Class WS-V. 

(I) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
August I, 1998 as follows: 

(1) Mill Creek [Index No. 11-7] from its source to 
Swannanoa Creek, including all tributaries, from 
Class C Tr to Class C Tr HQW: and 

(2) Toms Creek [Index Nos 11-21-(1) and 11 -21 -(2)] 
from its source to Harris Creek, including all 
tributaries, from Class C Tr to Class C Tr HQW and 
from Harris Creek to McDowell County SR 1434. 
including all tributaries, from Class C to Class C 
HQW. 

(m) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 



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APPROVED RULES 



August 1, 1998 with the reclassification of Howards Creek 
[Index No. 1 1-129-4-(0.7)] from Class WS-IV to Class C; 
Clarks Creek [Index No. 1 1-129-5-(7.5)] from Class WS-IV to 
Class C; Indian Creek [Index No. 1 1-129-8-(5)] from Class WS- 
IV to Class C: and Beaver Creek [Index No. 1 1-129-9] from 
Class WS-IV to Class C. 

History i\ole: Author it}' G.S. 143-214. 1: 143-215.1: 

143-215. 3(a)(1): 

Eff Fehruaiy 1. 19^6: 

Amended Efl August 1. 1998 : September I. 1996: July I. 1995: 

April 1. 1994: August 3. 1992: August 1 . 1990. 

.0313 ROANOKE RIVER BASIN 

(a) The schedule ma\ be inspected at the following places: 

(1) Clerk of Court: 
Bertie Countv 
Caswell County 
Forsyth Counts 
Granville Countv' 
Guilford County 
Halifax Count} 
Martin Counts 
Northampton Countv 
Person Countv' 
Rockingham Countv 
Stokes Countv 
Suny Countv 
Vance Countv 
Warren Countv 
Washington County 

(2) North Carolina Department of Ensironment and 
Natural Resources: 

(A) Raleigh Regional Office 
3800 Barrett Drive 
Raleigh. North Carolina 

(B) Washington Regional Office 
1424 Carolina Avenue 
Washington. North Carolina 

(C) Winston-Salem Regional Office 

8025 North Point Boulesard. Suite 100 
Winston-Salem. North Carolina. 

(b) Unnamed Streams. Such streams entering Virginia are 
classified "C." Except that all backwaters of John H. Kerr 
Reservoir and the North Carolina portion of streams tributary 
thereto not otherwise named or described shall carrv' the 
classification "B." and all backwaters of Lake Gaston and the 
North Carolina portion of streams tributary thereto not otherwise 
named or described shall carrv the classification "C and B." 

(c) The Roanoke River Basin Schedule of Classification and 
Water Quality Standards was amended effective: 

(1) Ma'yl8. 1977; 

(2) July 9. 1978: 

(3) July 18. 1979: 

(4) July 13. 1980: 

(5) March I. 1983: 

(6) August I. 1985; 

(7) Fehruarv 1. 1986; 



(8) July 1.1991; 

(9) August 3. 1992; 
(10) August 1. 1998. 

(d) The Schedule of Classifications and Water Quality 
Standards for the Roanoke River Basin was amended effective 
Jul> 1. 1991 with the reclassification of Hyco Lake (Index No. 
22-58) from Class C to Class B. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Roanoke River Basin was amended effective 
August 3. 1992 with the reclassification of all water supply 
waters (waters with a primarv' classification of WS-1. WS-11 or 
WS-111). These waters were reclassified to WS-I, WS-11. WS- 
III, WS-IV or WS-V as defined in the revised water supply 
protection rules. ( 1 5 A NCAC 2B .0 1 00. .0200 and .0300) which 
became effective on August 3, 1992. In some cases, streams 
with primary classifications other than WS were reclassified to 
a WS classification due to their proximitv and linkage to water 
suppiv waters. In other cases, waters were reclassified from a 
WS classification to an alternate appropriate primary' 
classification after being identified as downstream of a water 
supply intake or identified as not being used for water supply 
purposes. 

(f) The schedule of Classifications and Water Qualitv 
Standards for the Roanoke River Basin vsas amended effective 
August 1. 1998 with the reclassification of Cascade Creek 
(Camp Creek) [Index No. 22-12] and its tributaries from its 
source to the backwaters of the swimming lake from Class B to 
Class B ORW. and the reclassification of Indian Creek [Index 
No. 22-13] and its tributaries from its source to Window Falls 
from Class C to Class C ORW. 

(g) The Schedule of Classifications and Water Quality 
Standards for the Roanoke River Basin w as amended effective 
August 1. 1998 with the revision to the primarv classification for 
portions of the Dan River [Index No. 22-( 19.5)] and the Mavo 
River [Index No. 22-30-( 1 )] from Class WS-IV to Class WS-'v. 

History Note: Authority G.S. 143-214.1: 143-215.1: 

143-215. 3(a)(1): 

Eff. Februaiy 1. 19'6: 

Amended Eff. August L 1998 : August 3. 1992: July I. 1991: 

Februaiy I. 1986: August 1. 1985. 

SUBCHAPTER 2D - AIR POLLUTION CONTROL 
REQUIREMENTS 

SECTION .1000 - MOTOR VEHICLE EMISSION 
CONTROL STANDARDS 

.1005 MEASUREMENT AND ENFORCEMENT 

The methods and equipment for measuring the exhaust 
emissions are specified in 40 CFR 52. 1 770. 

HistoiyXote: Authority G.S. 20-128. 2(al: 143-215. 3iaj(l): 
143-215. l0-(a)(3): 143-2 15. 10'(al(6/: 143-215. 10'(a)(7); 
Eff. December 1. 1982: 
Amended Eff. July 1. 1998: April 1. 1991 : November 1. 1986. 



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SUBCHAPTER 2L - GROUNDWATER CLASSIFICATION AND STANDARDS 

SECTION .0100 - GENERAL CONSIDERATIONS 

.01 15 RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM UNDERGROUND 
STORAGE TANKS 

(a) The purpose of this Rule is to establish procedures for risk-based assessment and corrective action sufficient to: 

( 1 ) protect human health and the environment; 

(2) abate and control contamination of the waters of the State as deemed necessary to protect human health and the 
environment; 

(3) permit management of the State's groundwaters to protect their designated current usage and potential future uses; 

(4) provide for anticipated future uses of the State's groundwater; 

(5) recognize the diversity of contaminants, the State's geology and the characteristics of each individual site; and 

(6) accomplish these goals in a cost-efficient manner to assure the best use of the limited resources available to address 
groundwater pollution within the State. 

(b) This Rule applies to any discharge or release from a "commercial underground storage tank" or a "noncommercial underground 
storage tank." as those terms are defined inG.S. 1 43-21 5. 94A, which is reported on or after the effective date of this Rule. This Rule 
shall apply to any discharge or release from a "commercial underground storage tank" or a "noncommercial underground storage 
tank," as those terms are defined in G.S. 143-2 1 5.94A which is reported before the effective date of this Rule as provided in Paragraph 
(r) of this Rule. The requirements of this Rule shall apply to the owner and operator of the underground storage tank from which the 
discharge or release occurred, a landowner seeking reimbursement from the Commercial Leaking Underground Storage Tank Fund 
or the Noncommercial Leaking Underground Storage Tank Fund under G.S. 143-21 5. 94E, and any other person responsible for the 
assessment or cleanup of a discharge or release from an underground storage tank, including any person who has conducted or 
controlled an activity which results in the discharge or release of petroleum or petroleum products as defined inG.S. 143-215.94A(10) 
to the groundwaters of the State, or in proximity thereto; these persons shall be collectively referred to for purposes of this Rule as 
the "responsible party." This Rule shall be applied in a manner consistent with the rules found in 15A NCAC 2N in order to assure 
that the State's requirements regarding assessment and cleanup from underground storage tanks are no less stringent than Federal 
requirements. 

(c) A responsible party shall: 

(1 ) take immediate action to prevent any fiorther discharge or release of petroleum from the underground storage tank; identify 
and mitigate any fire, explosion or vapor hazard; remove any free product; and comply with the requirements of Rules .0601 
through .0604 and .0701 through .0703 and .0705 of Subchapter 2N; 

(2) incorporate the requirements of 15A NCAC 2N .0704 into the submittal required under Subparagraph (3) of this Paragraph 
or the limited site assessment report required under Subparagraph (4) of this Paragraph, whichever is applicable. Such 
submittals shall constitute compliance with the reporting requirements of 1 5A NCAC 2N .0704(b); 

(3) submit within 90 days of the discovery of the discharge or release a soil contamination report containing information 
sufficient to show that remaining unsaturated soil in the side walls and at the base of the excavation does not contain 
contaminant levels which exceed either the "soil-to-groundwater" or the residential maximum soil contaminant 
concentrations established by the Department pursuant to Paragraph (m) of this Rule, whichever is lower. If such showing 
is made, the discharge or release shall be classified as low risk by the Department; 

(4) if the required showing cannot be made under Subparagraph (3) of this Paragraph, submit within 120 days of the discovery 
of the discharge or release, or within such other greater time limit approved by the Department, a report containing 
information needed by the Department to classify the level of risk to human health and the environment posed by a 
discharge or release under Paragraph (d) of this Rule. Such report shall include, at a minimum: 

(A) a location map, based on a USGS topographic map, showing the radius of 1500 feet from the source area of a 
confirmed release or discharge and depicting all water supply wells and, surface waters and designated wellhead 
protection areas as defined in 42 U.S.C. 300h-7(e) within the 1500-foot radius. For purposes of this Rule, source 
area means point of release or discharge from the underground storage tank system; 

(B) a determination of whether the source area of the discharge or release is within a designated wellhead protection area 
as defined in 42 U.S.C. 300h-7(e); 

(C) if the discharge or release is in the Coastal Plain physiographic region as designated on a map entitled "Geology of 
North Carolina" published by the Department in 1985, a determination of whether the source area of the discharge 
or release is located in an area in which there is recharge to an unconfined or semi-confined deeper aquifer which 
is being used or may be used as a source of drinking water; 

(D) a determination of whether vapors from the discharge or release pose a threat of explosion due to the accumulation 
of vapors in a confined space or pose any other serious threat to public health, public safety or the environment; 

(E) scaled site map(s) showing the location of the following which are on or adjacent to the property where the source 
is located: site boundaries, roads, buildings, basements, floor and storm drains, subsurface utilities, septic tanks and 



12:22 NORTH CAROLINA REGISTER May 15, 1998 2040 



APPROVED RULES 



leach fields, underground storage tank systems, monitoring wells, borings and the sampling points; 

(F) the results from a limited site assessment which shall include: 

(i) the anal>lical results from soil samples collected during the construction of a monitoring well installed in the 
source area of each confirmed discharge or release from a noncommercial or commercial underground storage 
tank and either the analvtical results of a groundwater sample collected from the well or. if free product is 
present in the well, the amount of free product in the well. The soil samples shall be collected every five feet 
in the unsaturated zone unless a water table is encountered at or greater than a depth of 25 feet from land 
surface in v\hich case soil samples shall be collected every 10 feet in the unsaturated zone. The soil samples 
shall be collected from suspected worst-case locations exhibiting visible contamination or elevated levels of 
volatile organic compounds in the borehole; 

(ii) if any constituent in the groundwater sample from the source area monitoring well installed in accordance 
with Subpart (i) of this Part exceeds the standards or interim standards established in ISA NCAC 2L .0202 
by a factor of 10 and is a discharge or release from a commercial underground storage tank, the analytical 
results from a ground\sater sample collected from each of four additional monitoring wells or. if free product 
is present in any of the wells, the amount of free product in such well. The four additional monitoring wells 
shall be installed as follows: as best as can be determined, one upgradient of the source of contamination; two 
downgradient of the source of contamination; and one vertical-extent well immediately downgradient from 
the source but within the area of contamination. The monitoring wells installed upgradient and downgradient 
of the source of contamination must be located such that groundwater flow direction can be determined; and 

(iii) potentiometric data from all required wells; 

(G) the availability' of public water supplies and the identification of properties served by the public water supplies within 
1500 feet of the source area of a confirmed discharge or release; 

(H) the land use. including zoning if applicable, within 1500 feet of the source area of a confirmed discharge or release; 
(I) a discussion of site specific conditions or possible actions which could result in lowering the risk classification 
assigned to the release. Such discussion shall be based on information known or required to be obtained under this 
Paragraph; and 
(J) names and current addresses of all owners and operators of the underground storage tank systems for which a 
discharge or release is confirmed, the owner(s) of the land upon which such systems are located, and all potentially 
affected real property owners. When considering a request from a responsible party for additional time to submit 
the report, the Division shall consider the extent to which the request for additional time is due to factors outside of 
the control of the responsible party, the previous history of the person submitting the report in complying with 
deadlines established under the Commission's rules, the technical complications associated with assessing the extent 
of contamination at the site or identifying potential receptors, and the necessity for immediate action to eliminate 
an imminent threat to public health or the environment, 
(d) The Deparmient shall classify the risk of each knov\Ti discharge or release as high, intermediate or low risk unless the discharge 
or release has been classified under Subparagraph (c)(3) of this Rule. For purposes of this Rule: 

(1) "High risk" means that: 

(A) a water supply well, including one used for non-drinking purposes, has been contaminated by the release or 
discharge; 

(B) a water supply well used for drinking water is located within 1000 feet of the source area of a confirmed discharge 
or release; 

(C) a water supply well not used for drinking water is located within 250 feet of the source area of a confirmed discharge 
or release; 

(D) the groundwater within 500 feet of the source area of a confirmed discharge or release has the potential for future 
use in that there is no source of water supply other than the groundwater; 

(E) the vapors from the discharge or release pose a serious threat of explosion due to accumulation of the vapors in a 
confined space; or 

(F) the discharge or release poses an imminent danger to public health, public safety, or the environment. 

(2) "Intermediate risk" means that: 

(A) surface water is located within 500 feet of the source area of a confirmed discharge or release and the maximum 
groundwater contaminant concentration exceeds the applicable surface water quality standards and criteria found 
in 1 5 A NCAC 2B .0200 by a factor of 1 0; 

(B) in the Coastal Plain physiographic region as designated on a map entitled "Geology of North Carolina" published 
by the Department in 1985, the source area of a confirmed discharge or release is located in an area in which there 
is recharge to an unconfined or semi-confined deeper aquifer which the Department determines is being used or may 
be used as a source of drinking water; 

(C) the source area of a confirmed discharge or release is within a designated wellhead protection area, as defined in 42 
U.S.C. 300h-7(e); 



2041 NORTH CAROLINA REGISTER May 15,1998 12:22 



APPROVED RULES 



(D) the levels of groundwater contamination for any contaminant except ethylene dibromide, benzene and alkane and 
aromatic carbon fraction classes exceed 50 percent of the solubility- of the contaminant at 25 degrees Celsius or 1,000 
times the groundwater standard or interim standard established in 15A NCAC 2L .0202. whichever is lower; or 

(E) the levels of groundwater contamination for ethylene dibromide and benzene exceed 1 ,000 times the federal drinking 
water standard set out in 40 CFR 141. 

(3) "Low risk" means that: 

(A) the risk posed does not fall within the high or intermediate risk categories; or 

(B) based on review of site-specific information, limited assessment or interim corrective actions, the Department 
determines that the discharge or release poses no significant risk to human health or the environment. 

If the criteria for more than one risk category applies, the discharge or release shall be classified at the highest applicable risk category 
unless the Department has reclassified the discharge or release pursuant to Paragraph (e) of this Rule. 

(e) The Department ma) reclassiiy the risk posed by a release if warranted by further information concerning the potential exposure 
of receptors to the discharge or release or upon receipt of new information concerning changed conditions at the site. After initial 
classification of the discharge or release, the Department may require limited assessment, interim corrective action, or other actions 
which the Department believes will result in a lower risk classification. It shall be a continuing obligation of each responsible part>' 
to notify the Department of any changes that might affect the level of risk assigned to a discharge or release by the Department if the 
change is known or should be known by the responsible part}'. Such changes shall include, but shall not be limited to. changes in 
zoning of real propertv', use of real property or the use of groundwater that has been contaminated or is expected to be contaminated 
by the discharge or release, if such change could cause the Department to reclassify the risk. 

(f) If the risk posed by a discharge or release is determined by the Department to be high risk, the responsible party shall comply 
with the assessment and cleanup requirements of Rule .0106(c). (g) and (h) of this Subchapter and 15A NCAC 2N .0706 and .0707. 
TTie goal of any required corrective action for groundwater contamination shall be restoration to the level of the groundwater standards 
set forth in 15A NCAC 2L .0202, or as closeK thereto as is economicalK and technologically feasible. In any corrective action plan 
submitted pursuant to this Paragraph, natural attenuation shall be used to the maximum extent possible. If the responsible party 
demonstrates that natural attenuation prevents the further migration of the plume, the Department may approve a groundwater 
monitoring plan. 

(g) If the risk posed by a discharge or release is determined by the Department to be an intermediate risk, the responsible party shall 
comply with the assessment requirements of 15A NCAC 2L .0106(c) and (g) and 15A NCAC 2N .0706. As part of the 
comprehensive site assessment, the responsible party shall evaluate, based on site specific conditions, whether the release poses a 
significant risk to human health or the environment. If the Department determines, based on the site-specific conditions, that the 
discharge or release does not pose a significant threat to human health or the environment, the site shall be reclassified as a low risk 
site. If the site is not reclassified, the responsible part) shall, at the direction of the Department, submit a groundwater monitoring 
plan or a corrective action plan, or a combination thereof, meeting the cleanup standards of this Paragraph and containing the 
information required in 15A NCAC 2L .0106(h) and 15A NCAC 2N .0707. Discharges or releases which are classified as 
intermediate risk shall be remediated, at a minimum, to a cleanup level of 50 percent of the solubility of the contaminant at 25 degrees 
Celsius or 1,000 times the groundwater standard or interim standard established in 15A NCAC 2L .0202. whichever is lower for any 
groundwater contaminant except ethylene dibromide, benzene and alkane and aromatic carbon fraction classes. EthNiene dibromide 
and benzene shall be remediated to a cleanup level of 1,000 times the federal drinking water standard set out in 40 CFR 141. 
Additionally, if a corrective action plan or groundwater monitoring plan is required under this Paragraph, the responsible partv' shall 
demonstrate that the groundwater cleanup levels are sufficient to prevent a violation of: 

( 1 ) the rules contained in 1 5A NCAC 2B; 

(2) the standards contained in 15A NCAC 2L .0202 in a deep aquifer as described in Part (d)(2)(B) of this rule; and 

(3) the standards contained in 15A NCAC 2L .0202 at a location no closer than one year time of travel upgradient of a well 
within a designated wellhead protection area, based on travel time and the natural attenuation capacity of the subsurface 
materials or on a physical barrier to groundwater migration that exists or will be installed by the person making the request 

In an\ corrective action plan submitted pursuant to this Paragraph, natural attenuation shall be used to the maximum extent possible. 

(h) If the risk posed by a discharge or release is determined b> the Department to be a low risk, the Department shall notif> the 

responsible part> that no cleanup, no further cleanup or no further action will be required b\ the Department unless the Department 

later determines that the discharge or release poses an unacceptable risk or a potentially unacceptable risk to human health or the 

environment. No notification will be issued pursuant to this Paragraph, however, until the responsible part> has completed soil 

remediation pursuant to Paragraph (i) of this Rule except as provided in Paragraph (r) of this Rule or as closely thereto as 

economically or technologically feasible. The issuance by the Department of a notification under this Paragraph shall not affect an> 

private right of action by any party which ma\ be affected by the contamination. 

(i) Assessment and remediation of soil contamination shall be addressed as follows: 

( 1 ) At the time that the Department determines the risk posed b> the discharge or release, the Department shall also determine. 

based on site-specific information, whether the site is "residential" or "industrial/commercial." For purposes of this Rule. 

a site is presumed residential, but ma) be classified as industrial/commercial if the Department determines based on site- 



J2:22 NORTH CAROLINA REGISTER May 15, 1998 2042 



APPROVED RULES 



specific information that exposure to the soil contamination is limited in time due to the use of the site and does not involve 
exposure to children. For purposes of this Paragraph, "site" means both the property upon which the discharge or release 
has occurred and an\ propert\ upon which soil has been affected b\ the discharge or release. 

(2) The responsible partv' shall submit a report to the Department assessing the vertical and horizontal extent of soil 
contamination. 

(3 ) For a discharge or release classified b\ the Department as low risk, the responsible part)' shall submit a report demonstrating 
that soil contamination has been remediated to either the residential or industrial/commercial maximum soil contaminant 
concentration established b\' the Department pursuant to Paragraph (m). whiche\'er is applicable. 

(4) For a discharge or release classified b\ the Department as high or intermediate risk, the responsible part\' shall submit a 
report demonstrating that soil contamination has been remediated to the lowest of: 

(A) the residential or industrial commercial maximum soil contaminant concentration, whichever is applicable, that has 
been established b\ the Department pursuant to Paragraph (m) of this Rule: or 

(B) the "soil-to-groundwater" maximum soil contaminant concentration that has been established by the Department 
pursuant to Paragraph (m) of this Rule. 

(]) A responsible part\ who submits a correcti\e action plan which proposes natural attenuation or to cleanup groundwater 
contamination to a standard other than a standard or interim standard established in 15A NCAC 2L .0202. or to cleanup soil other 
than to the standard for residential use or soil-to-groundwater contaminant concentration established pursuant to this Rule, whichever 
is lower, shall gi\ e notice to: the local Health Director and the chief administrative officer of each political jurisdiction in which the 
contamination occurs; all property owners and occupants w ithin or contiguous to the area containing the contamination; and all 
property owners and occupants within or contiguous to the area where the contamination is expected to migrate. Such notice shall 
describe the nature of the plan and the reasons supporting it. Notification shall be made b\ certified mail concurrent with the submittal 
of the corrective action plan. Approval of the corrective action plan by the Department shall be postponed for a period of 30 days 
following receipt of the request so that the Department ma\ consider comments submitted b\ interested individuals. The responsible 
part\ shall, within a time frame determined b\ the Department. pro\ide the Department with a copN of the notice and proof of receipt 
of each required notice, or of refusal by the addressee to accept deliver} of a required notice. If notice by certified mail to occupants 
under this Paragraph is impractical, the responsible part> ma\ gi\ e notice b\ posting such notice prominentK in a manner designed 
to give actual notice to the occupants. If notice is made to occupants b\ posting, the responsible part\ shall provide the Department 
with a cop\ of the posted notice and a description of the manner in which such posted notice was given. 

(k) A responsible party who receives a notice pursuant to Paragraph (h) of this Rule for a discharge or release which has not been 
remediated to the groundwater standards or interim standards established in Rule .0202 of this Subchapter or to the lower of the 
residential or soil-to-groundwater contaminant concentrations established under Paragraph (m) of this Rule, shall, within 30 da\s of 
the receipt of such notice, provide a cop\' of the notice to: the local Health Director and the chief administrative officer of each 
political jurisdiction in which the contamination occurs; all property owners and occupants within or contiguous to the area containing 
contamination; and all property owners and occupants within or contiguous to the area where the contamination is expected to migrate. 
Notification shall be made b\ certified mail. The responsible party shall, within a time frame determined by the Department, provide 
the Department with proof of receipt of the copy of the notice, or of refusal by the addressee to accept delivery of the copy of the 
notice. If notice by certified mail to occupants under this Paragraph is impractical, the responsible party may give notice by posting 
a copy of the notice prominently in a manner designed to give actual notice to the occupants. If notice is made to occupants by 
posting, the responsible party shall provide the Department with a description of the manner in which such posted notice was given. 

(1) To the extent feasible, the Department shall maintain in each of the Department's regional offices a list of all petroleum 
underground storage tank discharges or releases discovered and reported to the Department w ithin the region on or after the effecti\ e 
date of this Rule and all petroleum underground storage tank discharges or releases for which notification was issued under Paragraph 
(h) of this rule by the Department on or after the effective date of this Rule. 

(m) The Department shall publish, and annually revise, maximum soil contaminant concentrations to be used as soil cleanup levels 
for contamination fi-om petroleum underground storage tank s\ stems. Maximum soil contaminant concentrations will be established 
for residential, industrial commercial and soil-to-groundwater exposures. 

( 1 ) The follow ing equations and references shall be used in establishing residential maximum soil contaminant concentrations. 
Equation I shall be used for each contaminant with an EPA carcinogenic classification of A. Bl. B2. C. D or E. Equation 
2 shall be used for each contaminant with an EPA carcinogenic classification of A. Bl. B2 or C. The maximum soil 
contaminant concentration shall be the lowest of the concentrations deri\ed from Equations 1 and 2. 

(A) Equation 1: Non-cancer Risk-based Residential Ingestion Concentration 

Soil mg kg =[0.2 x oral chronic reference dose x body weight, age I to 6 x averaging time 
noncarcinogens] [exposure frequency x exposure duration, age 1 to 6 x (soil ingestion rate, age 1 to 
6 lO^mgicg)]. 

(B) Equation 2: Cancer Risk-based Residential Ingestion Concentration 

Soil mg kg =[target cancer risk of 10" x averaging time carcinogens] [exposure frequency x (soil 
ingestion factor, age adjusted ' I0''mg/'kg) x oral cancer slope factor]. The age adjusted soil ingestion 
factor shall be calculated by : [(exposure duration, age I to 6 x soil ingestion rate, age 1 to 6) ( body 

2043 NORTH CAROLISA REGISTER May 15, 1998 12:22 



APPROVED RULES 



weight, age 1 to 6)] + [((exposure duration, total - exposure duration, age 1 to 6) x soil ingestion, adult) 
/ (body weight, adult)]. 

(C) The exposure factors selected in calculating the residential maximum soil contaminant concentrations shall be within 
the recommended ranges specified in the following references or the most recent version of these references: 

(i) EPA, 1990. Exposure Factors Handbook; 
(ii) EPA, 1991. Risk Assessment Guidance for Superfund: Volume I Human Health Evaluation Manual (Part 

B, Development of Risk Based Preliminary Remediation Goals); 
(iii) EPA Region 111. Risk-based Concentration Tables (RBC Tables). Office of RCRA, Technical and Program 

Support Branch. Available at: http://www.epa.gov/reg3hwmd/index.html; and 
(iv) EPA, 1995. Supplemental Guidance to RAGS: Region 4 Bulletins Human Health Risk Assessment, including 

future amendments. 

(D) The following references or the most recent version of these references, in order of preference, shall be used to 
obtain oral chronic reference doses and oral cancer slope factors: 

(i) EPA. Integrated Risk Information System (IRIS) Computer Database; 
(ii) EPA. Health Effects Assessment Summary Tables (HEAST); 
(iii) EPA Region III. Risk-based Concentration Tables (RBC Tables). Office of RCRA, Technical and Program 

Support Branch. Available at: http://www.epa.gov/reg3hwmcl/index.html; 
(iv) EPA, 1995. Supplemental Guidance to RAGS: Region 4 Bulletins Human Health Risk Assessment, including 

fijture amendments; and 
(v) Other appropriate, published health risk assessment data, and scientifically valid peer-reviewed published 

toxicological data. 

(2) The following equations and references shall be used in establishing industrial/commercial maximum soil contaminant 
concentrations. Equation 1 shall be used for each contaminant with an EPA carcinogenic classification of A, Bl, B2, C, 
D or E. Equation 2 shall be used for each contaminant with an EPA carcinogenic classification of A, Bl, B2 or C. The 
maximum soil contaminant concentration shall be the lowest of the concentrations derived from Equations 1 and 2. 

(A) Equation 1 : Non-cancer Risk-based Industrial/Commercial Ingestion Concentration 

Soil mg/kg =[0.2 x oral chronic reference dose x body weight, adult x averaging time noncarcinogens] 
/ [exposure frequency x exposure duration, adult x (soil ingestion rate, adult / 10" mg/kg) x fraction 
of contaminated soil ingested]. 

(B) Equation 2: Cancer Risk-based Industrial/Commercial Ingestion Concentration 

Soil mg/kg =[target cancer risk of 10" x body weight, adult x averaging time carcinogens] / [exposure 
frequency x exposure duration, adult x (soil ingestion rate, adult / 10" mg/kg) x fraction of 
contaminated soil ingested x oral cancer slope factor]. 

(C) The exposure factors selected in calculating the industrial/commercial maximum soil contaminant concentrations 
shall be within the recommended ranges specified in the following references or the most recent version of these 
references: 

(i) EPA. 1990. Exposure Factors Handbook; 

(ii) EPA, 1991. Risk Assessment Guidance for Superfund: Volume I Human Health Evaluation Manual (Part 

B, Development of Risk Based Preliminary Remediation Goals); 
(iii) EPA Region III. Risk-based Concentration Tables (RBC Tables). Office of RCRA, Technical and Program 

Support Branch. Available at: http://www.epa.gov/reg3hwmd/index.html; and 
(iv) EPA, 1995. Supplemental Guidance to RAGS: Region 4 Bulletins Human Health Risk Assessment, including 

future amendments. 

(D) The following references or the most recent version of these references, in order of preference, shall be used to 
obtain oral chronic reference doses and oral cancer slope factors: 

(i) EPA. Integrated Risk Information System (IRIS) Computer Database; 
(ii) EPA. Health Effects Assessment Summary Tables (HEAST); 
(iii) EPA Region 111. Risk-based Concentration Tables (RBC Tables). Office of RCRA, Technical and Program 

Support Branch. Available at http://www.epa.gov/reg3hwmd/index.html; 
(iv) EPA, 1995. Supplemental Guidance to RAGS: Region 4 Bulletins Human Health Risk Assessment, including 

future amendments; and 
(v) Other appropriate, published health risk assessment data, and scientifically valid peer-reviewed published 

toxicological data. 

(3) The following equations and references shall be used in establishing the soil-to-groundwater maximum contaminant 
concentrations: 

(A) Organic Constituents: 

Soil mg/kg = groundwater standard or interim standard x [(.02 x soil organic carbon-water 
partition coefficient) + 4 + (1.733 x 41 x Henry ."s Law Constant (atm.-mVmole))]. 



12:22 NORTH CAROLINA REGISTER May 15, 1998 2044 



APPROVED RULES 



(i) If no groundwater standard or interim standard has been established under Rule .0202 of this Subchapter, the 
practical quantitation limit shall be used in lieu of a standard to calculate the soil-to-groimdwater maximum 
contaminant concentrations, 
(ii) The following references or the most recent version of these references, in order of preference, shall be used 
to obtain soil organic carbon-water partition coefficients and Henr\"s Law Constants: 
(I) EPA, 1996. Soil Screening Guidance: Technical Background Document. (EPA/540/R95/128); 
(II) EPA. 1986. Superfund Public Health Evaluation Manual. Office of Emergency and Remedial 
Response (EPA/540/1-86/060); 

(III) Agency for Toxic Substances and Disease Registry, "Toxicological Profile for [individual chemical]." 
U.S. Public Health Service: 

(IV) Montgomery. J. H.. 1996. Groundwater Chemicals Desk Reference. CRC Press. Inc: 

(V) Sims. R.C., J.L. Sims and S.G. Hansen. 1991. Soil Transport and Fate Database, Version 2.0. EPA 

Robert S. Kerr Environmental Laboratory: and 
(VI) Other appropriate, published, peer-reviewed and scientificalK' valid data. 
(B) Inorganic Constituents: 

Soil mg/kg = groundwater standard or interim standard x [(20 x soil-water partition coefficient for pH of 5.5) + 4 
+ (1.733 X 41 X Henry's Law Constant (atm.-m'/mole))]. 

(i) If no groundwater standard or interim standard has been established under Rule .0202 of this Subchapter, 
the practical quantitation limit shall be used in lieu of a standard to calculate the soil-to-groundwater 
maximum contaminant concentrations, 
(ii) The follow ing references or the most recent version of these references, in order of preference, shall be used 
to obtain soil-water partition coefficients and Henry "s Law Constants: 

(I) EPA, 1996. Soil Screening Guidance: Technical Background Document. (EPA/540/R95/128); 
(II) Baes. C.F., III. R.D. Sharp, A.L. Sjoreen, and R.W. Shor. 1984. A Review and AnaKsis of Parameters 
for Assessing Transport of Environmentally Released Radionuclides Through Agriculture. Oak Ridge 
National Laboratory ; 

(III) Agencv for Toxic Substances and Disease Registr\\ "Toxicological Profile for [individual chemical]." 
U.S. Public Health Service; 

(IV) Sims, R.C.. J.L. Sims and S.G. Hansen, 1991. Soil Transport and Fate Database, Version 2.0. EPA 
Robert S. Kerr Environmental Laboratory; and 

(V) Other appropriate, published, peer-reviewed and scientifically valid data. 

(n) AnaKtical procedures for soil samples required under this Rule, except as provided in Paragraph (s) of this rule, shall be as 
follows: 

( 1 ) soil samples collected from a discharge or release of low boiling point fuels, including, but not limited to gasoline, aviation 
gasoline and gasohol, shall be analyzed for volatile organic compounds and additives using EPA Method 8260, including 
isopropyl ether and methyl tertiar}' butyl ether; 

(2) soil samples collected from a discharge or release of high boiling point fuels, including, but not limited to. kerosene, diesel. 
varsol, mineral spirits, naphtha, jet fuels and fuel oil no. 2. shall be analyzed for volatile organic compounds using EPA 
Method 8260 and semivolatile organic compounds using EPA Method 8270; 

(3) soil samples collected from a discharge or release of heavy fuels shall be anahzed for semivolatile organic compounds 
using EPA Method 8270; 

(4) soil samples collected from a discharge or release of used and waste oil shall be anal\ zed for volatile organic compounds 
using EPA Method 8260. semivolatile organic compounds using EPA Method 8270. poK chlorinated biphenyls using EPA 
Method 8080. and chromium and lead, using procedures specified in Subparagraph (6) of this Paragraph; 

(5) soil samples collected from any discharge or release subject to this Rule shall be analyzed for alkane and aromatic carbon 
fraction classes using methods approved b\ the Director under Rule 2H .0805(a)( 1 ) of this Chapter; 

(6) anal\lical methods specified in Subparagraphs ( 1 ), (2). (3). and (4) of this Paragraph shall be performed as specified in the 
following references or the most recent version of these references: Test Methods for Evaluating Solid 
Wastes:Ph\sical Chemical Methods. November 1990. U.S. Environmental Protection Agenc> publication number SW-846; 
or in accordance with other methods or procedures approved b\ the Director under 15A NCAC 2H.0805(a)(l ); 

(7) other EPA-approved analytical methods may be used if the methods include the same constituents as the anaKlical methods 
specified in Subparagraphs (1), (2), (3), and (4) of this Paragraph and meet the detection limits of the anaKlical methods 
specified in Subparagraphs (1), (2), (3), and (4) of this Paragraph; and 

(8) metals and acid extractable organic compounds shall be eliminated from anaKses of soil samples collected pursuant to this 
Rule, if these compounds are not detected in soil samples collected during the construction of the source area monitoring 
well required under Subpart (c)(4)(F)(i) of this Rule. 

(o) AnaKlical procedures for groundwater samples required under this Rule shall be as follows: 
( 1 ) groundw ater samples collected from a discharge or release of low boiling point fuels, including, but not limited to. gasoline. 



2045 NORTH CAROLINA REGISTER May 15, 1998 12:22 



APPROVED RULES 



aviation gasoline and gasohol, shall be analyzed for volatile organic compounds using Standard Method 6210D or EPA 
Methods 601 and 602. including xylenes, isopropyl ether and meth> 1 tertiar\' butyl ether. Samples shall also be analyzed 
for ethylene dibromide using EPA Method 504.1 and lead using Standard Method 3030C preparation. 3030C metals 
preparation, using a 0.45 micron filter, must be completed within 72 hours of sample collection; 

(2) groundwater samples collected from a discharge or release of high boiling point fuels, including, but not limited to. 
kerosene, diesel, varsol, mineral spirits, naphtha, jet fuels and fuel oil no. 2, shall be analyzed for volatile organic 
compounds using EPA Method 602 and semivolatile organic compounds plus the 10 largest non-target peaks identified 
using EPA Method 625; 

(3) groundwater samples collected fi-om a discharge or release of heavy fuels shall be analyzed for semivolatile organic 
compounds plus the 10 largest non-target peaks identified using EPA Method 625; 

(4) groundwater samples collected from a discharge or release of used or waste oil shall be analyzed for volatile organic 
compounds using Standard Method 6210D, semivolatile organic compounds plus the 10 largest non-target peaks identified 
using EPA Method 625, and chromium and lead using Standard Method 3030C preparation. 3030C metals preparation, 
using a 0.45 micron filter, must be completed within 72 hours of sample collection; 

(5) groundwater samples collected from an\ discharge or release subject to this Rule shall be analyzed for alkane and aromatic 
carbon fraction classes using methods approved by the Director under Rule 2H .0805(a)( 1) of this Chapter; 

(6) anaKtical methods specified in Subparagraphs (1), (2), (3) and (4) of this Paragraph shall be performed as specified in the 
following references or the most recent version of these references: Test Procedures for the Analysis of Pollutants under 
the Clean Water Act. Federal Register Vol. 49 No. 209, 40 CFR Part 136, October 26, 1984: Standard Methods for the 
Examination of Water and Wastewater, published jointly by American Public Health Association. American Water Works 
Association and Water Pollution Control Federation; Methods for Determination of Organic Compounds in Drinking 
Water, U.S. Environmental Protection Agency publication number EPA-600/4-79-020; or in accordance with other methods 
or procedures approved b> the Director under 1 5 A NC AC 2H .0805(a)( 1 ); 

(7) other EPA-approved analytical methods may be used if the methods include the same constituents as the anahtical methods 
specified in Subparagraphs (1), (2), (3), and (4) of this Paragraph and meet the detection limits of the analytical methods 
specified in Subparagraphs (1), (2), (3), and (4) of this Paragraph; and 

(8) metals and acid extractable organic compounds shall be eliminated from analyses of groundwater samples collected 
pursuant to this Rule, if these compounds are not detected in the groundwater sample collected fi^om the source area 
monitoring well installed pursuant to Subpart (c)(4)(F)(i) of this Rule. 

(p) In accordance with 15A NCAC 2H .0804, laboratories are required to obtain North Carolina Division of Water Quality 
laboratory certification for parameters that are required to be reported to the State in compliance with the State's surface water, 
groundwater and pretreatment rules. 

(q) This Rule shall not relieve any person responsible for assessment or cleanup of contamination from a source other than a 
commercial or noncommercial underground storage tank from its obligation to assess and clean up contamination resulting from such 
discharge or releases. 

(r) If the risk posed by the discharge or release has been classified b\ the Department as Class AB under 1995 (Reg. Sess.. 1996) 
c. 648. s. 1 . the discharge or release is classified as high risk under this Rule unless and until the Department reclassifies the risk posed 
by the discharge or release. If the risk posed b\ the discharge or release has been classified by the Department as Class CDE under 
1995 (Reg. Sess., 1996) c. 648. s. 1, the discharge or release is classified as low risk under this Rule unless and until the Department 
reclassifies the risk posed by the discharge or release. The responsible party shall notify the Department of any factors that might 
affect the level of risk assigned to Class AB or Class CDE discharges or releases by the Department. Responsible parties for Class 
AB discharges or releases for which a site assessment pursuant to Rule .0106 (c) and (g) of this Section has been submitted to the 
Department before the effective date of this Rule, shall continue to comply with notices previously received from the Department 
unless and until the Department determines that application of all or part of this Rule is necessar}' to protect human health or the 
environment or may result in a more cost effective assessment and cleanup of the discharge or release. If a site assessment pursuant 
to Rule .0106 (c) and (g) of this Section has not been submitted to the Department for a Class AB or Class CDE discharge or release 
before the effective date of this Rule, the responsible part\ shall comply with Paragraph (c) of this Rule unless the Department has 
issued a closure notice for the discharge or release. For discharges or releases classified as low risk under this Paragraph and for 
which a site assessment pursuant to Rule .0106 (c) and (g) of this Section has been submitted to the Department prior to the effective 
date of this Rule, the Department ma\ issue a notification under Paragraph (h) of this Rule if the responsible party demonstrates that 
soil contamination does not exceed contamination cleanup levels established (March 1997) in Paragraph (s) of this Rule. 

(s) The Department ma\ issue a notification under Paragraph (h) of this Rule for a discharge or release classified 
as low risk under Paragraph (r) of this Rule if a site assessment pursuant to Rule .0106(c) and (g) of this Section was submitted to 
the Department prior to the effective date of this Rule and the responsible part) demonstrates that soil contamination from the 
discharge or release has been remediated to the final cleanup levels established under this Paragraph. If it has not already done so. 
a responsible party must submit all information necessary for the Department to establish a cleanup level under this Paragraph, 
including, but not limited to. the completed forms contained in Tables I and 2. 

(1) In establishing a cleanup level, the Department shall determine whether an\ of the following conditions appK to the 



12:22 NORTH CAROLINA REGISTER May 15, 1998 2046 



APPROVED RULES 



discharge or release: 

(A) groundwater is contaminated b\ the discharge or release; 

(B) contaminated soil in the unsaturated zone is located less than five feet from the seasonal high water table, bedrock 
or transmissive indurated sedimentar> units. Transmissive indurated sedimentan. units shall include, but shall not 
be limited to shell limestone, fractured shale and sandstone; and 

(C) \apors pose a serious threat of explosion or other public health concern due to the accumulation of the \apors in a 
confined space. 

(2) If an\ of the conditions specified in Subparagraph ( 1 ) of this Paragraph appK to the discharge or release, the final cleanup 
level for the discharge or release shall be; 

(A) 10 mg kg total petroleum hydrocarbons for discharges or releases of low boiling point fuels, including, but not 
limited to. gasoline. a\'iation gasoline, and gasohol; 

(B) 40 mgkg total petroleum h\drocarbons for discharges or releases of medium and high boiling point fuels, including, 
but not limited to. kerosene, diesel. varsol. mineral spirits, naphtha, jet fuels and fuel oil no. 2; and 

(C) 250 mg'kg total petroleum hydrocarbons for discharges or releases of waste oil and heavs fuels, including, but not 
limited to fuel oil nos. 4. 5 and 6. motor oil and h\draulic fiuid. 

(3 ) If the conditions specified in Subparagraph ( 1 ) of this Paragraph do not appK to the discharge or releases, the Department 
shall determine a final cleanup le\ el in the follow ing manner: 

(A) the total site characteristics score shall be determined from Table 1 b\ recording and adding the five characteristic 
scores; 

(B) the total site characteristics score shall be used to determine each applicable initial cleanup level on Table 2; 

(C) using Table 3. the applicable Site Code shall be determined; and 

(D) the final contamination cleanup level for the discharge or release shall be determined b\" multipKing each applicable 
initial cleanup le\el determined in Part (B) of this Subparagraph b\ 1 for Code A sites. 2 for Code B sites and 3 for 
Code C sites. 

(4) An% soil samples obtained to determine cleanup levels pursuant to this Paragraph shall be anahzed as follows; 

(A) soil samples collected from a discharge or release of low boiling point fuels including, but not limited to. gasoline. 
a\iation gasoline and gasohol. shall be anahzed using EPA Method modified 8015 (California Method) with EPA 
Method 5030 preparation; 

(B) soil samples collected from a discharge or release of medium or high boiling point fuels including, but not limited 
to. kerosene, diesel. \arsol. mineral spirits, naphtha, jet fuels and ftiel oil no. 2. shall be anahzed using EPA Method 
modified 8015 (California Method) with EPA Method 3550 preparation; and 

(C) soil samples collected from a discharge or release of waste oil and hea\A fuels, including, but not limited to fuel oil 
nos. 4. 5 and 6. motor oil and h\draulic fluid, shall be anahzed using EPA Method 9071 or another equivalent EPA- 
appro\ed method that meets the same detection limits. 

(5) Anahlical methods for an\ soil samples obtained to determine cleanup levels pursuant to this Paragraph shall be performed 
as specified in the following references or the most recent version of these references: Test Methods for Evaluating Solid 
Wastes: Ph\sical Chemical Methods. November 1990. U.S. Environmental Protection Agenc> Publication number SW'-846 
and Guidelines for Addressing Fuel Leaks. D.M. Eisenberg and others. 1985. California Regional Water Qualit\ Control 
Board. San Francisco Bav Reaion. 



Table 1 
SITE CHARACTERISTICS EVALUATION 



Characteristic 


Condition 


Rating 


Score 




Gravel 


150 




1) Predominant grain size as 


Sand 


100 




classified in accordance w ith the 


Silt 


50 




Unified Soil Classification Svstem 


Clav 







or the U.S. Department ot 








Agriculture Soil Classification 








SNStem 









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2) Are preferential pathways for 
contaminant movement such as 
quartz veins, coarse-grained 
sediments, fractures and weathered 
igneous intrusions present in or 
below the contaminated soil? 


Present and intersecting 
seasonal high water table 

Present but not intersecting 
seasonal high water table 

None Present 


10 

5 






3) Distance between the 
contaminated/non-contaminated 
soil interference and the seasonal 
high water table 


5-10 feet 

> 10-40 feet 

>40 feet 


20 
10 





4) Is the top of bedrock or 
transmissive indurated sediments 
located above seasonal high water 
table? 


Yes 
No 


20 





5) Are artificial conduits present 
within the zone of contamination? 


Present and intersecting 
seasonal high water table 

Present but not intersecting 
seasonal high water table 

Not Present 


150 
10 









Total Site Characteristics Score 



Table 2 
CLEANUP LEVEL DETERMINATION 



Initial Cleanup Level 



Final Cleanup Level 







EPA Method 8015/5030 for Low Boiling Point Hydrocarbons 
such as Gasoline, Aviation Fuels. Gasohol 




Total Site 
Characteristics Score 


Initial Cleanup 
Level TPH (mg/kg) 




Select Site Final Cleanup 
Code* Level 


>150 

121-150 

91 - 120 

61 -90 

31-60 

0-30 


<10 
20 
40 
60 
80 
100 




Code A 
(Multiply initial 1 x = mg/kg 
cleanup level by 1 ) 

CodeB 2x = mg/kg 
(Multiply initial 
cleanup level by 2) 










Code C 3 X = 
(Multiply initial 
cleanup level by 3) 


mg/kg 



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EPA Method 8015/3550 for Medium and High Boiling Point Hydrocarbons 






such as Kerosene, Diesel. Varsol. Mineral Spirits. Naptha 




Total Site 


Initial Cleanup 




Select Site Final Cleanup 


Characteristics Score 


Level TPH (mg/kg) 




Code* Level 


>150 


<40 




Code A 


121 - 150 


80 




(Multiply initial 1 x = mg/kg 


91 - 120 


160 




cleanup level b\ 1 ) 


61 -90 


240 






3 1 - 60 


320 




Code B 2 X = mg/kg 


0-30 


400 




(Multiply initial 
cleanup level b\ 2) 

Code C 3 X = mg/kg 












(MultipK' initial 








cleanup level b\ 3) 





EPA Method 9071 for Heaw Fuels 






such as Fuel Oil (#4,#5.#6), Motor Oil, Hydraulic Fluid. Waste Oil 


Total Site 


Initial Cleanup 




Select Site Final Cleanup 


Characteristics Score 


Level TPH (mgkg) 




Code* Level 


>150 


<250 




Code A 


121 - 150 


400 




(Multiply initial 1 x = mg/kg 


91 - 120 


550 




cleanup level by 1) 


61 -90 


700 






31-60 


850 




Code B 2 X = m.g/kg 


0-30 


1000 




(MultipK initial 
cleanup le\el b\ 2) 

Code C 3 X = mgkg 












(Multiply initial 








cleanup level by 3) 



See Site Code Description. Table 3 
TPH - Total Petroleum Hydrocarbons 
mg kg - milligram per kilogram 

Table 3 
SITE CODE DESCRIPTIONS 

Code-A .S'//t^ meets both of the following criteria: 

1. Water suppK \\ell(s) are within 1500 feet of the release. 

2. Public water suppK is not available for connecting water suppK well users. 
Code-B Site meets both of the following criteria: 

1. Water suppK well(s) are within 1500 feet of the release. 

2. Public water suppK is available for connecting water suppl} well users, however, water suppl\ wells are still bein^ 
used. 

Code-C Site meets the following criterion: 

1. No known water suppK well(s) are within 1500 feet of the release. 

History Note: Authority- G.S. 143-215.2: 143-215. 3(a)(1): 143-215.94.4: 143-2 15. 94E: 143-215. 94T: 
143-2 15.94V: 143B-282: 1995 (Reg. Sess. 1996) c.648.s.l: 
Temporary Adoption Eff. January 2. 1998: 
.Amended Eff. .August L 1998 . 



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SUBCHAPTER 2N 



UNDERGROUND STORAGE 
TANKS 



SECTION .0700 - RELEASE RESPONSE AND 

CORRECTIVE ACTION FOR UST SYSTEMS 

CONTAINING PETROLEUM OR HAZARDOUS 

SUBSTANCES 

.0707 CORRECTIVE ACTION PLAN 

(a) The provisions for a "Corrective action plan" contained in 
40 CFR 280.66 (Subpart F) have been incorporated by reference 
including any subsequent amendments and editions with the 
exception of the following Paragraph. This material is available 
for inspection at the Department of Environment and Natural 
Resources, Division of Water Qualit>. Groundwater Section. 
2728 Capital Boulevard, Raleigh, North Carolina. Copies of 40 
CFR Parts 260 to 299 ma> be obtained from the Superintendent 
of Documents, Government Printing Office, Washington, D.C., 
20402 at a cost of thirty-one dollars (S3 1.00). 

(b) 40 CFR 280.66(a) has been rewritten to read: "At any 
point after reviewing the information submitted in compliance 
with 40 CFR 280.61 through 40 CFR 280.63, the Division may 
require owners and operators to submit additional information or 
to develop and submit a corrective action plan for responding to 
contaminated soils and groundwater. If a plan is required, 
owners and operators must prepare a plan in accordance with the 
requirements specified in 15A NCAC 2L, and submit it 
according to a schedule established b>' the Division. When 
establishing the schedule for submission of this plan, the 
Division shall consider the previous history of the person 
submitting the report in complying with deadlines established 
under the Commission's rules, the risk classification of the 
discharge or release, the complexity of site hydrogeology, the 
extent of contamination, and the necessit) for immediate action 
to eliminate an imminent threat to public health or the 
environment. Owners and operators are responsible for 
submitting a plan that provides for adequate protection of human 
health and the environment as determined by the Division, and 
must modify' their plan as necessary to meet this standard." 

His ton' Note: Authority' G.S. 143-215. 3ia)(15l; 143B- 

282(2)(h); 

Eff. January 1. 1991: 

Temporary Amendment Eff. January 2. 1998; 

Amended Eff. Ausust L 1998. 

SUBCHAPTER 2R - WETLANDS RESTORATION 
PROGRAM 

SECTION .0500 - WETLANDS RESTORATION FUND 

.0501 PURPOSE 

This Section establishes the Wetlands Restoration Fund 
pursuant to G.S. 143-214.12. 

Histoiy Note: .Authority G.S. 143-214. 12: 
Temporary .Adoption Eff. May 6. 1997; 
Eff. August 1. 1998. 



.0502 DEFINITIONS 

(a) Non-riparian wetlands means Class WL wetlands as 
defined in 15A NCAC 2B .0101(c)(8) whose major source of 
water is precipitation. Wetland types generally considered to be 
non-riparian include wet flats, pocosins and ephemeral wetlands. 

(b) Riparian wetlands means Class WL wetlands as defined 
in 15A NCAC 28 .0101(c)(8) whose major source of water is 
ground water or surface water. Wetland types generally 
considered to be riparian include freshwater marshes, swamp 
forests, bottomland hardwood forests, headwater forests, bog 
forests, mountain bogs and seeps. 

History Note: Autfiority G.S. 143-214. 11: 143-214. 12: 
Temporary Adoption Eff. May 6. 1997; 
Eff .Ausust /. 1998. 

.0504 PAYMENT 

(a) Pavment of fees may be made by check or electronic fund 
transfer to the North Carolina Wetland Restoration Fund. 

(b) Donations or dedications of interest in real property shall 
be deeded to the State of North Carolina or to other public or 
private nonprofit conservation organizations as approved by the 
Department. 

History Note: Autlmrity G.S 143-214. 11: 143-214. 12; 
Temporary Adoption Eff. May 6, 1997; 
Eff .Ausust 1. 1998. 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELINES FOR 
AREAS OF ENVIRONMENTAL CONCERN 



SECTION .0100 



INTRODUCTION AND GENERAL 
COMMENTS 



.0106 GENERAL DEFINITIONS 

The following defmitions apply whenever these terms are used 
in this Chapter: 

( 1 ) "Normal High Water" is the ordinar>' extent of high tide 
based on site conditions such as presence and location of 
vegetation, which has its distribution influenced by tidal 
action, and the location of the apparent high tide line. 

(2) "Nonnal Water Level" is the level of water bodies with 
less than six inches of lunar tide during periods of little or 
no wind. It can be determined by the presence of such 
ph>sical and biological indicators as erosion escarpments, 
trash lines, water lines, marsh grasses and barnacles. 

(3) Unless specificalK limited, the term "structures" 
includes, but is not limited to, buildings, bridges, roads, 
piers wharves and docks (supported on piles), bulkheads, 
breakwaters, jetties, mooring pilings and buoys, pile 
clusters (dolphins), navigational aids and elevated boat 
ramps. 

(4) "Mining" is defined as: 

(a) The breaking of the surface soil in order to 
facilitate or accomplish the extraction or 



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APPROVED RULES 



removal of mineral, ores, or other solid matter. 

(b) Any activity or process constituting all or part 
of a process for the extraction or removal of 
minerals, ores, soils, and other solid matter 
from their original location. 

(c) The preparation, washing, cleaning, or other 
treatment of minerals, ores, or other solid 
matter so as to make them suitable for 
commercial, industrial, or construction use. 

This definition applies regardless of whether the 
mining activit\' is for a commercial or noncommercial 
purpose, and regardless of the size of the affected 
area. Activities such as vibracoring, box coring, 
surface grab sampling, and other drilling and sampling 
for geotechnical testing, mineral resource 
investigations, or geological research are not 
considered mining. Excavation of mineral resources 
associated with the construction or maintenance of an 
approved navigation project in accordance with 15A 
NCAC 7B .0200 of this Chapter is not considered 
mining. 

Histoiy Note: Authority (J. S. 1 13A-1U2: 1 ISA-IOJ.- 
Eff. June 1. 1995: 
Amended Eff. August 1 . 1998 : October 1. 1996. 

SECTION .0200 - THE ESTUARINE SYSTEM 

.0205 COASTAL WETLANDS 

(a) Description. Coastal wetlands are defined as an\ salt 
marsh or other marsh subject to regular or occasional flooding 
by tides, including wind tides (whether or not the tide waters 
reach the marshland areas through natural or artificial 
watercourses), provided this shall not include hurricane or 
tropical storm tides. Coastal wetlands contain some, but not 
necessarily all, of the following marsh plant species: 

(1) Cord Grass (Spartina alterniflora). 

(2) Black Needlerush (Juncus roemerianus), 

(3) Glasswort (Salicomia spp.), 

(4) Salt Grass (Distichlis spicata). 

(5) Sea Lavender (Limonium spp.), 

(6) Bulrush (Scirpus spp.). 

(7) Saw Grass (Cladium jamaicense), 

(8) Cat-tail (Typha spp.), 

(9) Salt Meadow Grass (Spartina patens). 
(10) Salt Reed Grass (Spartina cynosuroides). 

The coastal wetlands AEC includes an}' contiguous lands 
designated by the Secretary of ENR pursuant to G.S. 1 13-230 
(a). 

(b) Significance. The unique productivity of the estuarine and 
ocean SNStem is supported b> detritus (decayed plant material) 
and nutrients that are exported from the coastal marshlands. The 
amount of exportation and degree of importance appears to be 
variable from marsh to marsh, depending primariK upon its 
frequencN of inundation and inherent characteristics of the 
various plant species. Without the marsh, the high productivity 
levels and complex food chains typically found in the estuaries 
could not be maintained. 



Man harvests various aspects of this productivity when he 
fishes, hunts, and gathers shellfish from the estuary. Estuarine 
dependent species of fish and shellfish such as menhaden, 
shrimp, flounder, oysters, and crabs currently make up over 90 
percent of the total value of North Carolina's commercial catch. 
The marshlands, therefore, support an enormous amount of 
commercial and recreational businesses along the seacoast. 

The roots, rhizomes, stems, and seeds of coastal wetlands act 
as good quality waterfowl and wildlife feeding and nesting 
materials. In addition, coastal wetlands serve as the first line of 
defense in retarding estuarine shoreline erosion. The plant stems 
and leaves tend to dissipate wave action, while the vast network 
of roots and rhizomes resists soil erosion. In this way, the 
coastal wetlands serve as barriers against flood damage and 
control erosion between the estuary and the uplands. 

Marshlands also act as nutrient and sediment traps by slowing 
the water which flows over them and causing suspended organic 
and inorganic particles to settle out. In this manner, the nutrient 
storehouse is maintained, and sediment harmful to marine 
organisms is removed. Also, pollutants and excessive nutrients 
are absorbed by the marsh plants, thus providing an inexpensive 
water treatment service. 

(c) Management Objective. To conserve and manage coastal 
wetlands so as to safeguard and perpetuate their biological, 
social, economic and aesthetic values; to coordinate and 
establish a management system capable of conserving and 
utilizing coastal wetlands as a natural resource essential to the 
functioning of the entire estuarine system. 

(d) Use Standards. Suitable land uses shall be those 
consistent with the management objective in this Rule. Highest 
priority of use shall be allocated to the conservation of existing 
coastal wetlands. Second priority of coastal wetland use shall be 
given to those types of development activities that require water 
access and cannot function elsewhere. 

Unacceptable land uses may include, but would not be limited 
to. the following examples: restaurants and businesses; 
residences, apartments, motels, hotels, and trailer parks; parking 
lots and private roads and highways; and factories. Examples of 
acceptable land uses may include utility easements, fishing piers, 
docks, and agricultural uses, such as farming and forestry 
drainage, as permitted under North Carolina's Dredge and Fill 
Act or other applicablea laws. 

In ever) instance, the particular location, use, and design 
characteristics shall be in accord with the general use standards 
for coastal wetlands, estuarine waters, and public trust areas 
described in Rule .0208 of this Section. 

Histoiy Note: Authority- G.S. I B.A-Wia): 113.4-10:^(5): 

113.4-113(b)(l): 113.4-124: 

Eff. September 9. 19:"^: 

Amended Eff. .4jisusl I. I99S: October 1. 1993: May 1. 1990: 

January 24. 1 9:' 8. 

.0206 ESTUARINE WATERS 

(a) Description. Estuarine waters are defined in G.S. 113A- 
1 13(b)(2) to include all the waters of the Atlantic Ocean within 
the boundary of North Carolina and all the waters of the bays, 
sounds, rivers and tributaries thereto seaward of the dividing line 



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APPROVED RULES 



between coastal fishing waters and inland fishing waters. The 
boundaries between inland and coastal fishing waters are set 
forth in an agreement adopted by the Wildlife Resources 
Commission and the Department of Environment and Natural 
Resources and in the most current revision of the North Carolina 
Marine Fisheries Regulations for Coastal Waters, codified at 
15ANCAC3Q.0200. 

(b) Significance. Estuarine waters are the dominant 
component and bonding element of the entire estuarine and 
ocean system, integrating aquatic influences from both the land 
and the sea. Estuaries are among the most productive natural 
environments of North Carolina. They support the valuable 
commercial and sports fisheries of the coastal area which are 
comprised of estuarine dependent species such as menhaden, 
flounder, shrimp, crabs, and oysters. These species must spend 
all or some part of their life cycle within the estuarine waters to 
mature and reproduce. Of the 10 leading species in the 
commercial catch, all but one are dependent on the estuary. 

This high productivity associated with the estuary results from 
its unique circulation patterns caused by tidal energy, fresh water 
flow, and shallow depth; nutrient trapping mechanisms; and 
protection to the many organisms. The circulation of estuarine 
waters transports nutrients, propels plankton, spreads seed stages 
offish and shellfish, flushes wastes from animal and plant life, 
cleanses the system of pollutants, controls salinity, shifts 
sediments, and mixes the water to create a multitude of habitats. 
Some important features of the estuary include mud and sand 
flats, eel grass beds, salt marshes, submerged vegetation flats, 
clam and oyster beds, and important nursery areas. 

Secondary benefits include the stimulation of the coastal 
economy from the spin off operations required to service 
commercial and sports fisheries, waterfowl hunting, marinas, 
boatyards, repairs and supplies, processing operations, and 
tourist related industries. In addition, there is considerable 
nonmonetary value associated with aesthetics, recreation, and 
education. 

(c; Management Objective. To conserve and manage the 
important features of estuarine waters so as to safeguard and 
perpetuate their biological, social, aesthetic, and economic 
values; to coordinate and establish a management system capable 
of conserving and utilizing estuarine waters so as to maximize 
their benefits to man and the estuarine and ocean system. 

(d) Use Standards. Suitable land/water uses shall be those 
consistent with the management objectives in this Rule. Highest 
priority of use shall be allocated to the conservation of estuarine 
waters and their vital components. Second priority of estuarine 
waters use shall be given to those types of development activities 
that require water access and use which cannot function 
elsewhere such as simple access channels; structures to prevent 
erosion: navigation channels; boat docks, marinas, piers, wharfs, 
and mooring pilings. 

In every instance, the particular location, use, and design 
characteristics shall be in accord with the general use standards 
for coastal wetlands, estuarine waters, and public trust areas 
described in Rule .0208 of this Section. 

History Note: Authority G.S. 1 1 3.4-1 07(a): 1 13A-1 07(b): 
113A-1 13(b)(2): 113A-124: 



Eff. September 9. 1977: 

Amended Eff. .August f_ 1998 : October 1. 1993; November 1. 

1991: May /, 1990: October 1. 1988. 

.0208 USE STANDARDS 

(a) General Use Standards 

(1) Uses which are not water dependent shall not be 
permitted in coastal wetlands, estuarine waters, and 
public trust areas. Restaurants, residences, 
apartments, motels, hotels, trailer parks, private roads, 
factories, and parking lots are examples of uses that 
are not water dependent. Uses that are water 
dependent may include: utility easements; docks; 
wharfs; boat ramps: dredging; bridges and bridge 
approaches; revetments, bulkheads: culverts: groins; 
navigational aids; mooring pilings; navigational 
channels: simple access channels and drainage 
ditches. 

(2) Before being granted a permit by the CRC or local 
permitting authority, there shall be a finding that the 
applicant has complied with the following standards: 

(A) The location, design, and need for 
development, as well as the construction 
activities involved shall be consistent with the 
stated management objective. 

(B) Before receiving approval for location of a use 
or development within these AECs, the 
permit-letting authority shall find that no 
suitable alternative site or location outside of 
the AEC exists for the use or development and, 
further, that the applicant has selected a 
combination of sites and design that will have 
a minimum adverse impact upon the 
productivity and biologic integrity of coastal 
marshland, shellfish beds, beds of submerged 
aquatic vegetation, spawning and nursery 
areas, important nesting and wintering sites for 
waterfowl and wildlife, and important natural 
erosion barriers (cypress fringes, marshes, clay 
soils). 

(C) Development shall not violate water and air 
quality standards. 

(D) Development shall not cause major or 
irreversible damage to valuable documented 
archaeological or historic resources. 

(E) Development shall not measurably increase 
siltation. 

(F) Development shall not create stagnant water 
bodies. 

(G) Development shall be timed to have minimum 
adverse significant affect on life cycles of 
estuarine and ocean resources. 

(H) Development shall not impede navigation or 
create undue interference with access to. or use 
of public trust areas or estuarine waters. 

(3) When the proposed development is in conflict with 
the general or specific use standards set forth in this 
Rule, the CRC may approve the development if the 



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2052 



APPROVED RULES 



applicant can demonstrate that the activity associated 
with the proposed project will ha\e public benefits as 
identified in the findings and goals of the Coastal 
Area Management Act that the public benefits clearh 
outweigh the long range adverse effects of the project, 
that there is no reasonable and prudent alternate site 
available for the project, and that all reasonable means 
and measures to mitigate adverse impacts of the 
project ha\ e been incorporated into the project design 
and will be implemented at the applicant's expense. 
These measures taken to mitigate or minimize ad\erse 
impacts ma\ include actions that will: 

(A) minimize or avoid adverse impacts b> limiting 
the magnitude or degree of the action; 

(B) restore the affected en\ironment; or 

(C) compensate for the ad\erse impacts b\ 
replacing or pro\ iding substitute resources. 

(4) Priman nursen. areas are those areas in the estuarine 
and ocean s\stem where initial post lar%al 
development of finfish and crustaceans takes place. 
The\ are usualK located in the uppermost sections of 
a s\stem where populations are uniformK earh 
ju\enile stages. The\ are officialK designated and 
described b> the N.C. Marine Fisheries Com.mission 
in 15A NCAC 3B .1405 and by the N.C. Wildlife 
Resources Commission in 15.A NCAC IOC .0110. 

(5) Outstanding Resource Waters are those estuarine 
waters and public trust areas classified b\ the N.C. 
En\ironmental Management Commission pursuant to 
Title 15 A. Subchapter 23 .0216 of the N.C. 
Adminisn-ati\e Code as Outstanding Resource \\aters 
(ORW) upon finding that such waters are of 
exceptional state or national recreational or ecological 
significance. In those estuarine waters and public 
trust areas classified as ORW b\ the En\ ironmental 
Management Commission (EMC), no permit required 
b> the Coastal Area Management Act shall be 
appro\ed for an\ project which would be inconsistent 
with applicable use standards adopted b\ the CRC. 
EMC. or Marine Fisheries Commission (MFC) for 
estuarine waters, public trust areas, or coastal 
wetlands. For development activities not covered b> 
specific use standards, no permit shall be issued if the 
activity' would, based on site specific information, 
materialh degrade the water quality or outstanding 
resource \alues unless such degradation is temporar} . 

(6) Beds of submerged aquatic \egetation (S.-W) are 
those habitats in public trust and estuarine waters 
vegetated w ith one or more species of submergent 
vegetation. These vegetation beds occur in both 
subtidal and intertidal zones and ma\ occur in isolated 
patches or co\er extensi\e areas. In either case, the 
bed is defined b} the presence of above-ground leases 
or the below-ground rhizomes and propagules. In 
defining SAVs. the CRC recognizes the Aquatic 
Weed Control Act of 1991 (G.S. 1 13A-220 et. seq.) 
and does not intend the SAV definition and its 
implementing rules to appK to or conflict with the 



non-development control activifies authorized by that 
Act. 
(b) Specific Use Standards 
( 1 ) Navigation channels, canals, and boat basins shall be 
aligned or located so as to avoid primarv nurserv' areas 
highh producti\e shellfish beds, beds of submerged 
aquatic vegetation, or significant areas of regularh or 
irregularK flooded coastal wetlands. 

(A) Navigation channels and canals ma\ be 
allowed through narrow fi-inges of regularly 
and irregularly flooded coastal wetlands if the 
loss of wetlands will ha\e no significant 
ad\erse impacts on fisherv resources, water 
qualit\ or adjacent wetlands, and. if there is no 
reasonable alternative that would avoid the 
wetland losses. 

(B) All spoil material from new construction shall 
be confined landward of regularly and 
irregularK fiooded coastal wetlands and 
stabilized to present entr\- of sediments into the 
adjacent water bodies or marsh. 

(C) Spoil from maintenance of channels and canals 
through irregularK fiooded wetlands shall be 
placed on non-wetland areas, remnant spoil 
piles, or disposed of b> a method having no 
significant, long term wetland impacts. Under 
no circumstances shall spoil be placed on 
regularK flooded wetlands. 

(D) Widths of the canals and channels shall be the 
minimum required to meet the applicant's needs 
and pro\ ide adequate water circulation. 

(E) Boat basin design shall maximize water 
exchange b>" basing the widest possible 
opening and the shortest practical entrance 
canal. Depths of boat basins shall decrease 
from the waterward end inland. 

(F) An\ canal or boat basin shall be excasated no 
deeper than the depth of the connecting 
channels. 

(G) Canals for the purpose of multiple residential 
deselopment shall base; 

(i) no septic tanks unless the\- meet the 

standards set b> the Disision of 

Ensironmental Management and the 

Division of Environmental Health: 

(ii) no untreated or treated point source 

discharge: 
(iii) storm water routing and retention areas 
such as settling basins and grassed 
swales. 
(H) Construction of finger canal s\ stems shall not 
be allowed. Canals shall be either straight or 
meandering with no right angle comers. 
(I) Canals shall be designed so as not to create an 
erosion hazard to adjoining property. Design 
ma\ include bulkheading. vegetatise 
stabilization, or adequate setbacks based on 
soil characteristics. 



2053 



\ORTH CAROLIXA REGISTER 



Mav 75. J 998 



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APPROVED RULES 



■^4 



(J) Maintenance excavation in canals, channels 

and boat basins within primary nursery areas 

and beds of submerged aquatic vegetation shall 

be avoided. However, when essential to 

maintain a traditional and established use, 

maintenance excavation may be approved if the 

applicant meets all of the following criteria as 

shown by clear and convincing evidence 

accompanying the permit application. This 

Rule does not affect restrictions placed on 

permits issued after March 1, 1991. 

(i) The applicant demonstrates and 

documents that a water-dependent need 

exists for the excavation; and 

(ii) There exists a previously permitted 

channel which was constructed or 

maintained under permits issued by the 

State or Federal government. If a 

natural channel was in use, or if a 

human-made channel was constructed 

before permitting was necessary, there 

shall be clear evidence that the channel 

was continuously used for a specific 

purpose; and 

(iii) Excavated material can be removed and 

placed in an approved disposal area 

without significantly impacting adjacent 

nursery areas and beds of submerged 

aquatic vegetation; and 

(iv) The original depth and width of a 

human-made or natural channel will not 

be increased to allow a new or expanded 

use of the channel. 

(2) Hydraulic Dredging 

(A) The terminal end of the dredge pipeline shall 
be positioned at a distance sufficient to 
preclude erosion of the containment dike and a 
maximum distance from spillways to allow 
adequate settlement of suspended solids. 

(B) Dredge spoil shall be either confined on high 
ground by adequate retaining structures or if 
the material is suitable, deposited on beaches 
for purposes of renourishment, with the 
exception of (G) of this Subsection (b)(2). 

(C) Confinement of excavated materials shall be on 
high ground landward of regularly and 
irregularly flooded marshland and with 
adequate soil stabilization measures to prevent 
entry of sediments into the adjacent water 
bodies or marsh. 

(D) Effluent from diked areas receiving disposal 
from hydraulic dredging operations shall be 
contained by pipe, trough, or similar device to 
a point waterward of emergent vegetation or, 
where local conditions require, below mean 
low water. 

(E) When possible, effluent fi-om diked disposal 
areas shall be returned to the area being 



dredged. 

(F) A water control structure shall be installed at 
the intake end of the effluent pipe. 

(G) Publicly funded projects shall be considered by 
review agencies on a case-by-case basis with 
respect to dredging methods and spoil disposal. 

(H) Dredge spoil fi^om closed shellfish waters and 
effluent from diked disposal areas used when 
dredging in closed shellfish waters shall be 
returned to the closed shellfish waters. 

(3) Drainage Ditches 

(A) Drainage ditches located through any 
marshland shall not exceed six feet wide by 
four feet deep (from ground surface) unless the 
applicant shows that larger ditches are 
necessary for adequate drainage. 

(B) Spoil derived from the consfruction or 
maintenance of drainage ditches through 
regularly flooded marsh shall be placed 
landward of these marsh areas in a manner that 
will insure that entry of sediment into the water 
or marsh will not occur. Spoil derived from the 
construction or maintenance of drainage 
ditches through irregularly flooded marshes 
shall be placed on nonwetlands wherever 
feasible. Non-wetland areas include relic 
disposal sites. 

(C ) Excavation of new ditches through h igh ground 
shall take place landward of a temporary 
earthen plug or other methods to minimize 
siltation to adjacent water bodies. 

(D) Drainage ditches shall not have a significant 
adverse effect on primary nursery areas, 
productive shellfish beds, beds of submerged 
aquatic vegetation, or other documented 
important estuarine habitat. Particular attention 
shall be placed on the effects of freshwater 
inflows, sediment, and nutrient introduction. 
Settling basins, water gates, retention structures 
are examples of design alternatives that may be 
used to minimize sediment introduction. 

(4) Nonagricultural Drainage 

(A) Drainage ditches shall be designed so that 
resfrictions in the volume or diversions of flow 
are minimized to both surface and ground 
water. 

(B) Drainage ditches shall provide for the passage 
of migratory organisms by allowing free 
passage of water of sufficient depth. 

(C) Drainage ditches shall not create stagnant water 
pools or significant changes in the velocity of 
flow. 

(D) Drainage ditches shall not divert or resfrict 
water flow to important wetlands or marine 
habitats. 

(5) Marinas. Marinas are defined as any publicly or 
privately owned dock, basin or wet boat storage 
facility constructed to accommodate more than 10 



12:22 



NORTH CAROLINA REGISTER 



Mav 15, 1998 



2054 



APPROVED RULES 



boats and providing any of the following services: 
permanent or transient docking spaces. dr\ storage, 
fueling facilities, haulout facilities and repair service. 
Excluded from this definition are boat ramp facilities 
allowing access only, temporary docking and none of 
the preceding services. Expansion of existing 
facilities shall also comply with these standards for all 
development other than maintenance and repair 
necessary to maintain previous service levels. 

(A) Marinas shall be sited in non-wetland areas or 
in deep waters (areas not requiring dredging) 
and shall not disturb valuable shallow water, 
submerged aquatic vegetation, and wetland 
habitats, except for dredging necessary for 
access to high-ground sites. The following 
four alternatives for siting marinas are listed in 
order of preference for the least damaging 
alterative: marina projects shall be designed to 
have the highest of these four priorities that is 
deemed feasible by the permit letting agency: 

(i) an upland basin site requiring no 
alteration of wetland or estuarine habitat 
and providing adequate flushing b> tidal 
or wind generated water circulation: 

(ii) an upland basin site requiring dredging 
for access when the necessary dredging 
and operation of the marina will not 
result in the significant degradation of 
existing fishery, shellfish, or wetland 
resources and the basin design shall 
provide adequate flushing b\ tidal or 
w ind generated water circulation: 

(iii) an open water site located outside a 
primary nursery area which utilizes piers 
or docks rather than channels or canals 
to reach deeper water: and 

(iv) an open water marina requiring 
excavation of no intertidal habitat, and 
no dredging greater than the depth of the 
connecting channel. 

(B) Marinas which require dredging shall not be 
located in primary nursery areas nor in areas 
which require dredging through primary 
nursery areas for access. Maintenance dredging 
in primary nursery areas for existing marinas 
shall be considered on a case-by-case basis 
under the standards set out in Part (b)( 1 )( J) of 
this Rule. 

(C) To minimize coverage of public trust areas by 
docks and moored vessels, dn. storage marinas 
shall be used where feasible. 

(D) Marinas to be developed in waters subject to 
public trust rights (other than those created by 
dredging upland basins or canals) for the 
purpose of providing docking for residential 
developments shall be allowed no more than 27 
square feet of public trust areas for every one 
linear foot of shoreline adjacent to these public 



trust areas for constmction of docks and 
mooring facilities. The 27 square feet 
allocation shall not apply to fairway areas 
between parallel piers or any portion of the pier 
used only for access from land to the docking 
spaces. 

(E) To protect water quality of shellfishing areas, 
marinas shall not be located within areas where 
shellfish harvesting for human consumption is 
a significant existing use or adjacent to such 
areas if shellfish harvest closure is anticipated 
to result from the location of the marina. In 
compliance with Section 101(a)(2) of the Clean 
Water Act and North Carolina Water Quality 
Standards adopted pursuant to that section, 
shellfish harvesting is a significant existing use 
if it can be established that shellfish have been 
regularK' harvested for human consumption 
since November 28. 1975 or that shellfish 
apparently are propagating and surviving in a 
biologically suitable habitat and are available 
and suitable for harvesting for the purpose of 
human consumption. The Division of Marine 
Fisheries shall be consulted regarding the 
significance of shellfish harvest as an existing 
use and the magnitude of the quantities of 
shellfish which have been harvested or are 
available for harvest in the area where harvest 
will be affected by the development. 

(F) Marinas shall not be located without written 
consent from the controlling parties in areas of 
submerged lands which have been leased from 
the state or deeded by the state. 

(G) Marina basins shall be designed to promote 
flushing through the following design criteria: 

(i) the basin and channel depths shall 
gradual K increase tovsard open water 
and shall never be deeper than the 
waters to which they connect; and 
(ii) when possible, an opening shall be 
provided at opposite ends of the basin to 
establish flow-through circulation. 
( H ) Marinas shall be designed to minimize adverse 
effects on navigation and public use of public 
tnist areas while allowing the applicant 
adequate access to deep waters. 
(I) Marinas shall be located and constructed so as 
to avoid adverse impacts on navigation 
throughout all federalK' maintained channels 
and their immediate boundaries. This includes 
mooring sites (permanent or temporary ). speed 
or traffic reductions, or any other device, either 
phvsical or regulatory, that may cause a 
federalK maintained channel to be restricted. 
(J) Open water marinas shall not be enclosed 
within breakwaters that preclude circulation 
sufficient to maintain water qualitv . 
(K) Marinas which require dredging shall provide 



2055 



NORTH CAROLINA REGISTER 



May 15, 1998 



12:22 



APPROVED RULES 



acceptable areas to accommodate disposal 
needs for future maintenance dredging. Proof 
of the ability to truck the spoil material from 
the marina site to an acceptable disposal area 
will be acceptable. 

(L) Marina design shall comply with all applicable 
requirements for management of stormwater 
runoff 

(M) Marinas shall post a notice prohibiting the 
discharge of any waste from boat toilets and 
explaining the availabilit\' of information on 
local pump-out services. 

(N) Boat maintenance areas shall be designed so 
that all scraping, sandblasting, and painting 
will be done over dry land with adequate 
containment devices to prevent entry of waste 
materials into adjacent waters. 

(O) All marinas shall comply with all applicable 
standards for docks and piers, bulkheading, 
dredging and spoil disposal. 

(P) All applications for marinas shall be reviewed 
to determine their potential impact and 
compliance with applicable standards. Such 
review shall consider the cumulative impacts of 
marina development. 

(Q) Replacement of existing marinas to maintain 
previous service levels shall be allowed 
provided that the preceding rules are complied 
with to the maximum extent possible, with due 
consideration being given to replacement costs, 
service needs. 
(6) Docks and Piers. 

(A) Docks and piers shall not exceed six feet in 
width. Wider docks and piers shall be 
permitted only if the greater width is necessary 
for safe use. to improve public access; or to 
support a water dependent use that cannot 
otherwise occur. 

(B) Any portion of a dock or pier (either fixed or 
floating) extending fi-om the main structure and 
six feet or less in width shall be considered 
either a "T" or a finger pier. 

(C) Any portion of a dock or pier (either fixed or 
floating) greater than six feet wide shall be 
considered a platform or deck. 

(D) The combined area of all "T"s. finger piers, 
platforms, and decks must not exceed a 
combined total area of four square feet per 
linear foot of shoreline. Projects requiring 
dimensions greater than those stated in this 
Rule shall be permitted only if the greater 
dimensions are necessan. for safe use, or to 
support a water dependent use that cannot 
otherwise occur. 

(E) "T"s, platforms and decks shall have no more 
than six feet of any dimension extending over 
coastal wetlands. 

(F) Docks, piers. "T"s and associated structures 



buih over wetlands must be elevated at least 
three feet over the wetland substrate measured 
from the bottom of the decking. 
(G) Boathouses shall not exceed 400 square feet 
except to accommodate a demonstrated need 
for a larger boathouse and shall have sides 
extending no farther than one-half the height of 
the walls and only covering the top half of the 
walls. Measurements of square footage shall 
be taken of the greatest exterior dimensions. 
Boathouses shall not be allowed on lots with 
less than 75 linear feet of shoreline. Size 
restrictions shall not apply to marinas. 
(H) The total area enclosed by boat lifts shall not 

exceed 400 square feet. 
(I) Piers, docks, decks, platforms and boat houses 
shall be single story. They may be roofed buy 
shall not be designed to allow second story use. 
(J) Pier length shall be limited by: 

(i) not extending beyond the established 
pier length along the same shoreline for 
similar use; (This restriction shall not 
apply to piers 100 feet or less in length 
unless necessary to avoid unreasonable 
interference with navigation or other 
uses of the waters by the public); 
(ii) not extending into the channel portion 

of the water body; and 
(iii) not extending more than one-fourth the 
width of a natural water body, or 
human-made canal or basin. 
Measurements to determine widths of 
the water body, canals or basins shall be 
made from the waterward edge of any 
coastal wetland vegetation which 
borders the water body. The one-fourth 
length limitation shall not apply in areas 
where the U.S. Army Corps of Engi- 
neers, or a local government in 
consultation with the Corps of 
Engineers, has established an official 
pier-head line. The one-fourth length 
limitation shall not apply when the 
proposed pier is located between longer 
piers within 200 feet of the applicant's 
property. However, the proposed pier 
cannot be longer than the pier head line 
established by the adjacent piers, nor 
longer than 1/3 the width of the water 
body. 
(K) Piers longer than 400 feet shall be permitted 
only if the proposed length gives access to 
deeper water at a rate of at least one foot each 
1 00 foot increment of pier length longer than 
400 feet, or, if the additional length is 
necessary' to span some obstruction to 
navigation. Measurements to determine pier 
lengths shall be made from the waterward edge 



12:22 



NORTH CAROLINA REGISTER 



May 15, 1998 



2056 



APPROVED RULES 



of any coastal wetland vegetation which 
borders the water bod\ . 
(L) Piers shall not interfere with the access to any 
riparian property and shall have a minimum 
setback of 15 feet between an\ part of the pier 
and the adjacent property owner's areas of 
riparian access. The line of division of areas of 
riparian access shall be established b\ drawing 
a line along the channel or deep water in front 
of the properties, then drawing a line 
perpendicular to the line of the channel so that 
it intersects with the shore at the point the 
upland property line meets the water's edge. 
The minimum setback provided in the rule may 
be waived by the written agreement of the 
adjacent riparian owner(s) or when two 
adjoining riparian owners are co-applicants. 
Should the adjacent property be sold before 
construction of the pier commences, the 
applicant shall obtain a written agreement with 
the new owner waiving the minimum setback 
and submit it to the permitting agency prior to 
initiating any development of the pier. 
Application of this Rule may be aided by 
reference to the approved diagram in 15A 
NCAC 7H .1205 (q) illustrating the rule as 
applied to various shoreline configurations. 
Copies of the diagram may be obtained from 
the Division of Coastal Management. When 
shoreline configuration is such that a 
perpendicular alignment cannot be achie\ed. 
the pier shall be aligned to meet the intent of 
this Rule to the maximum extent practicable. 
(M) Applicants for authorization to construct a 
dock or pier shall provide notice of the permit 
application or exemption request to the owner 
of any part of a shellfish franchise or lease over 
w hich the proposed dock or pier would extend. 
The applicant shall allow the lease holder the 
opportunity to mark a navigation route from the 
pier to the edge of the lease. 
(7) Bulkheads and Shore Stabilization Measures 

(A) Bulkhead alignment, for the purpose of 
shoreline stabilization, shall approximate mean 
high water or normal water level. 

(B) Bulkheads shall be constructed landward of 
significant marshland or marshgrass fringes. 

(C) Bulkhead fill material shall be obtained from 
an upland source appro\ed pursuant to this 
Section, or if the bulkhead is a part of a 
permitted project involving excavation from a 
non-upland source, the material so obtained 
may be contained behind the bulkhead. 

(D) Bulkheads or other structures employed for 
shoreline stabilization shall be permitted below 
approximate mean high water or normal water 
level only when the following standards are 
met: 



(8) 



(i) the property to be bulkheaded has an 
identifiable erosion problem, whether it 
results. from natural causes or adjacent 
bulkheads, or it has unusual geographic 
or geologic features, e.g. steep grade 
bank, which will cause the applicant 
unreasonable hardship under the other 
provisions of this Rule; 

(ii) the bulkhead alignment extends no 
further below approximate mean high 
water or normal water level than 
necessary to allow recovery of the area 
eroded in the year prior to the date of 
application, to align with adjacent 
bulkheads. or to mitigate the 
unreasonable hardship resulting from 
the unusual geographic or geologic 
features: 
(iii) the bulkhead alignment will not result in 
significant adverse impacts to public 
trust rights or to the property of adjacent 
riparian owners: 

(iv) the need for a bulkhead below 
approximate mean high water or normal 
water level is documented in the Field 
Investigation Report or other reports 
prepared by the Division of Coastal 
Management; and 

(v) the property to be bulkheaded is in a 
nonoceanfront area. 
(E) Where possible, sloping rip-rap. gabions, or 

vegetation shall be used rather than vertical 

seawalls. 
Beach Nourishment 

(A) Beach creation or maintenance may be allowed 
to enhance water related recreational facilities 
for public, commercial, and private use. 

(B) Beaches may be created or maintained in areas 
where they have historically been found due to 
natural processes. They will not be allowed in 
areas of high erosion rates where frequent 
maintenance will be necessary. 

(C) Placing unconfined sand material in the water 
and along the shoreline shall not be allowed as 
a method of shoreline erosion control. 

(D) Material placed in the water and along the 
shoreline shall be clean sand free from 
pollutants and highly erodible finger material. 
Grain size shall be equal to or larger than that 
found naturally at the site. 

(E) Material from dredging projects may be used 
for beach nourishment if 

(i) it is first handled in a manner consistent 
with rules governing spoil disposal; 

(ii) it is allowed to dry ; and 

(iii) only that material of acceptable grain 
size is removed from the disposal site 
for placement on the beach. Material 



2057 



NORTH CAROLINA REGISTER 



May 15, 1998 



12:22 



APPROVED RULES 



shall not be placed directly on the beach 
by dredge or dragline during 
maintenance excavation. 

(F) Beach creation shall not be allowed in any 
primary nursery areas, nor in any areas where 
siltation from the site would pose a threat to 
shellfish beds. 

(G) Material shall not be placed on any coastal 
wetlands or beds of submerged aquatic 
vegetation. 

(H) Material shall not be placed on any submerged 

bottom with significant shellfish resources. 
(I) Beach construction shall not create the 
potential for filling adjacent or nearby 
navigation channels, canals, or boat basins. 
(J) Beach construction shall not violate water 
quality standards. 

(K) Permit renewal of these projects shall require 
an evaluation of any adverse impacts of the 
original work. 

(L) Permits issued for this development shall be 
limited to authorizing beach nourishment only 
one time during the life of the permit. Permits 
may be renewed for maintenance work or 
repeated need for nourishment. 
(9) Wooden and Riprap Groins 

(A) Groins shall not extend more than 25 feet 
waterward of the mean high water or normal 
water level unless a longer structure is justified 
by site specific conditions, sound engineering 
and design principals. 

(B) Groins shall be set back a minimum of 1 5 feet 
from the adjoining property lines. This setback 
may be waived by written agreement of the 
adjacent riparian owner(s) or when two 
adjoining riparian owners are co-applicants. 
Should the adjacent property be sold before 
construction of the groin commences, the 
applicant shall obtain a written agreement with 
the new owner waiving the minimum setback 
and submit it to the permitting agency prior to 
initiating any development of the groin. 

(C) Groins shall pose no threat to navigation. 

(D) The height of groins shall not exceed 1 foot 
above mean high water or the normal water 
level. 

(E) No more than two structures shall be allowed 
per 100 feet of shoreline unless the applicant 
provides evidence that more structures are 
needed for shoreline stabilization. 

(F) "L" and "T" sections shall not be allowed at the 
end of groins. 

(G) Riprap material used for groin construction 
shall be free from loose dirt or an\ other 
pollutant in other than non-harmful quantities 
and of a size sufficient to prevent its movement 
from the site by wave and current action. 

( 1 0) "Freestanding Moorings". 



(A) A "freestanding mooring" is any means to 
attach a ship, boat, vessel, floating structure or 
other water craft to a stationary underwater 
device, mooring buoy, buoyed anchor, or piling 
(as long as the piling is not associated with an 
existing or proposed pier, dock, or boathouse). 

(B) Freestanding moorings shall be permitted only: 

(i) to riparian property owners within their 
riparian corridors; or 

(ii) to any applicant proposing to locate a 
mooring buoy consistent with a water 
use plan that may be incorporated into 
either the local zoning or land use plan. 

(C) All approved mooring fields shall provide 
suitable area for access to any mooring(s) and 
other land based operations which shall include 
but not be limited to wastewater pumpout. trash 
disposal and vehicle parking. 

(D) If the agreement referenced in specific 
condition in Part (b)(10)(C) of this Rule is 
terminated or the facility no longer exist, the 
permit shall become null and void and the 
permitted project removed from the AEC. 

(E) To protect water quality of shellfishing areas, 
mooring fields shall not be located within areas 
where shellfish harvesting for human 
consumption is a significant existing use or 
adjacent to such areas if shellfish harvest 
closure is anticipated to result from the location 
of the mooring field. In compliance with 
Section 101(a)(2) of the Federal Water 
Pollution Control Act. 33 U.S.C. 1251 (a)(2), 
and North Carolina Water Quality Standards 
adopted pursuant to that section, shellfish 
harvesting is a significant existing use if it can 
be established that shellfish have been 
regularly harvested for human consumption 
since November 28, 1975 or that shellfish 
apparently are propagating and surviving in a 
biologically suitable habitat and are available 
and suitable for harvesting for the purpose of 
human consumption. The Division of Marine 
Fisheries shall be consulted regarding the 
significance of shellfish harvest as an existing 
use and the magnitude of the quantities of 
shellfish which have been harvested or are 
available for harvest in the area where harvest 
will be affected by the development. 

(F) Moorings shall not be located without written 
consent from the controlling parties in areas of 
submerged lands which have been leased from 
the state or deeded by the state. 

(G) Moorings shall be located and constructed so 
as to avoid adverse impacts on navigation 
throughout all federally maintained channels 
and their immediate boundaries. This includes 
mooring sites (permanent or temporary ), speed 
or traffic reductions, or anv other device, either 



12:22 



NORTH CAROLINA REGISTER 



Mav 15, 1998 



2058 



APPROVED RULES 



physical or regulatory, that ma\ cause a 
federally maintained channel to be restricted. 

(H) Open water moorings shall not be enclosed 
within breakwaters that preclude circulation 
sufficient to maintain water qualit\ . 

(1) Moorings and the associated land based 
operation design shall compK with all 
applicable requirements for management of 
stormwater runoff 

(J) Mooring fields shall have posted in view of 
patrons a notice prohibiting the discharge of 
an> waste from boat toilets or ans other 
discharge and explaining the availabilit> of 
information on local pump-out ser\ices and 
waste disposal. 

(K) Freestanding moorings associated with 
commercial shipping, public service or 
temporan. constructioasalvage operations ma\ 
be permitted w ithout a public sponsor and shall 
be evaluated on a case-b> -case basis. 

(L) Freestanding mooring buoys and piles shall be 
exaluated based upon the arc of the swing 
including the vessel to be moored. Moorings 
and the attached vessel shall not interfere with 
the access of an\ riparian owner nor shall it 
block riparian access b\' blocking channels. 
deep water, etc. which allows riparian access. 
Freestanding moorings shall not interfere w ith 
the abilit) of an> riparian owner to place a pier 
for access. 
(M) Freestanding moorings shall not be established 
in submerged cable/pipe crossing areas or in a 
mariner which interferes with the operations of 
an access through any bridge. 

(N) Freestanding moorings shall be marked or 
colored in compliance with U.S. Coast Guard 
and N.C. Wildlife Resource Commission 
requirements and the required marking 
maintained for the life of the mooring(s). 

(O) The t>pe of material used to create a mooring 
must be free of pollutants and of a design and 
t\pe of material so as to not present a hazard to 
navigation or public safet>'. 

(P) Existing freestanding moorings (i.e. 
buoys/pilings) may be maintained in place for 
two N'ears. However, if the moorings(s) 
deteriorate or are damaged such that 
replacement is necessar\ during the two Near 
period, the mooring(s) then shall compK with 
those guidelines of the Division in place at that 
time. In an\ e\ent. existing moorings shall 
comply with these Rules w ithin two years. 
(11) Filling of Canals. Basins and Ditches - Not 

withstanding the general use standards for estuarine 

systems as set out in 7H .0208(a) of this Rule, filling 

canals, basins and ditches shall be allowed if: 

(A) the area to be filled was not created b\ 
exca\ating lands which were below the normal 



high water or normal water level; and 

(B) if the area was created from wetlands, the 
elevation of the proposed filling does not 
exceed the elevation of said w etlands so that 
wetland function will be restored; and 

(C) the filling will not adversely impact an\ 
designated priman nursery area, shellfish bed. 
bed of submerged aquatic vegetation, coastal 
wetlands other than a narrow fringe around the 
shoreline, recognized public trust right or 
established public trust usage; and 

(D) the filling will not adverseh affect the value 
and enjoyment of propert> of any riparian 
owner; and 

(E) the filling will further some polic\ of the 
Commission such as retreating from erosion or 
avoiding water qualit\ degradation. 

(12) "Submerged Lands Mining" 

(A) Development Standards. Mining of submerged 
lands shall meet the following standards: 

(i) The biological productivit) and 
biological significance of mine sites, or 
borrow sites used for sediment 
extraction, must be evaluated and a 
reasonable protection strategv for these 
natural functions and \alues provided 
w ith the state approval request or permit 
application. 

(ii) Natural reefs, coral outcrops, artificial 
reefs, seaweed communities, and 
significant benthic communities shall be 
avoided. 

(iii) Mining shall avoid significant 
archaeological resources as defined in 
Rule .0509 of this Subchapter; 
shipwrecks identified b> the Division of 
Archives and History: and unique 
geological features that require 
protection from uncontrolled or 
incompatible development as identified 
b>' the Division of Land Resources 
pursuant to G.S. 1 1 3 A- 1 1 3(b)(4)(g). 

(iv) Mining activities shall not be conducted 
on or w ithin 500 meters of significant 
biological communities, such as high 
relief hard bottom areas. High relief is 
defined for this standard as relief greater 
than or equal to one-half meter per five 
meters of horizontal distance. 

(v) Mining activities shall be timed to 
minimize impacts on the life c\cles of 
estuarine or ocean resources. 

(vi) Mining activities shall not affect potable 
groundwater supplies; wildlife, 
freshwater, estuarine. or marine 
fisheries. 

(B) Permit Conditions. Permits for submerged 
lands mining ma\ be conditioned on the 



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applicant amending the mining proposal to 
include any measures reasonably necessary to 
insure compliance with the provisions of the 
Act and the guidelines for development set out 
in this Subchapter. 

(i) Monitoring shall be required to the 
extent necessary to ensure compliance 
with all applicable development 
standards. Implementation of 

monitoring is the responsibility of the 
applicant, 
(ii) A determination of the necessity and 
feasibility of restoration will be made as 
part of the permit, or consistency 
review, process. Restoration will be 
deemed necessary where it will facilitate 
recovery of the pre-development 
ecosystem. Restoration will be 
considered feasible unless, after 
consideration of all practicable 
restoration alternatives, it is determined 
that the adverse effects of restoration 
outweigh the benefits of the restoration 
on estuarine or ocean resources. If 
restoration is determined to be necessary 
and feasible, then the applicant shall be 
required to submit a restoration plan to 
DCM for approval prior to the initiation 
of any mining activities. 

(C) Dredging activities for the purposes of mining 
natural resources must be consistent with the 
development standards set out in this Rule. 

(D) Mitigation. Where mining cannot be 
conducted consistent with the development 
standards set out in this Rule, the applicant 
may request mitigation approval under 15A 
NCAC 7M .0700. 

(E) Public Benefits Exception. Projects that 
conflict with these standards, but provide a 
public benefit, may be approved pursuant to the 
standards set out in Subparagraph (a)(3) of this 
Rule. 

Histon-Note: Authorit}- G.S. 1 13.4- 107(b): 113.4-108: 

113.4-1 13(b): 113A-124: 

Eff. September 9. W": 

.Amended Eff. Februaiy 1. 1996: .April 1. 1993: Februaiy 1. 

1993: November 30, 1992: 

RRC Objection due to ambiguity Eff. March 21. 1996: 

.Amended Eff'. .August L 1228: May 1. 1996. 

SUBCHAPTER 7M - GENERAL POLICY 
GUIDELINES FOR THE COASTAL AREA 

SECTION .1200 - POLICIES ON OCEAN MINING 



Environmental Concern (AEG) out to the three-mile state 
jurisdictional boundary: however, the ocean environment does 
not end at the state/federal jurisdictional boundary. Mining 
activities impacting the federal jurisdiction ocean and its 
resources can. and probably would, also impact the state 
jurisdictional ocean and estuarine systems and vice-versa. 
Therefore, it is state policy that every avenue and opportunity to 
protect the physical ocean environment and its resources as an 
integrated and interrelated system will be utilized. 

(b) The usefulness, productivity, scenic, historic and cultural 
values of the state's ocean waters will receive the greatest 
practical degree of protection and restoration. No ocean mining 
shall be conducted unless plans for such mining include 
reasonable provisions for protection of the physical 
environment, its resources, and appropriate reclamation or 
mitigation of the affected area as set forth and implemented 
under authorit\' of the Mining Act (G.S. 74-48) and Coastal Area 
Managment Act (G.S. 113A-100). 

(c) Mining activities in state waters, or in federal waters 
insofar as the activities affect any land, water use or natural or 
historic resource of the state waters, shall be done in a manner 
that provides for protection of those resources and uses. The 
siting and timing of such activities shall be consistent with 
established state standards and regulations and shall comply with 
applicable local land use plan policies, and AEC use standards. 

HistoryNote: .Authority G.S. U3.A-102: 113.4-103: 113.4- 

107: 

Eff. .Ausust 1. 1998. 

.1202 POLICY STATEMENTS 

(a) Impacts from mining activities involving dredging, 
blasting, or other methods of excavation, spoil disposal, or 
construction of related structures that can be expected to affect 
the physical ocean environment or its resources shall be 
identified and minimized. Any significant unavoidable damages 
from these actions shall be mitigated under the procedures set 
out in 15ANCAC7M .0700. 

(b) Damage to or interference with existing or traditional 
public trust uses, such as fishing, navigation, or access to public 
trust areas, or areas with high biological, historical 
archaeological, or recreational value are activities that 
significantly affect land or water uses or natural resources of the 
coastal area. Damage to or interference with existing or 
traditional public trust uses shall be minimized. 

(c) Offshore reefs, rock outcrops, hard bottom areas, and 
other significant living resource habitat shall be avoided unless 
it can be demonstrated that the mining activity will not 
significantK adverseK affect these resources, land or water uses 
or the natural resources of the coastal area, or unless their 
existing biological functions can be sustained through 
mitigation. 

History Note: Authority G.S 113.A-102: 11 3.4-10'': 
Eff .Ausust 1. 1998. 



.1201 DECLARATION OF GENERAL POLICY 

(a) The Atlantic Ocean is designated a Public Trust Area Of 



CHAPTER 18 - ENVIRONMENTAL 
HEALTH 



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SUBCHAPTER 18A - SANITATION 

SECTION .2300 - DELEGATION OF AUTHORITY 

TO ENFORCE COMMISSION FOR HEALTH 

SERVICES' SANITATION RULES 

.2301 SCOPE OF DELEGATED AUTHORITY 
.2302 ELIGIBILITY FOR DELEGATION OF 

AUTHORITY 
.2303 DELEGATION OF AUTHORITY 
.2304 EVALUATION 

History Note: Authority- G.S. 1 30A-4fb/: 1 30.4-5(3): 
Eff. October I. 1985: 

Amended Eff. December 1. 1990: September 1. 1990: 
Repealed Eff. March 1. 1998. 

.2306 RE-AUTHORIZATION 

History Note: Authority G.S. 130.A-4(bl: 130.4-5/3): 
Eff. October 1. 1985: 
Repealed Eff. .March 1. 1998. 

SUBCHAPTER 18D - WATER TREATMENT 
FACILITY OPERATORS 

SECTION .0100 - GENERAL POLICIES 

.0105 DEFINITIONS 

The following definitions shall appK throughout this 
Subchapter: 

(1) "Acceptable Experience" means the active, daih. 
on-site performance of operational duties, including 
water facilits laborator\ duties, at a water treatment 
facilit>: a minimum of 50 percent of the experience 
requirement must consist of these duties. This 50 
percent minimum experience ma\ be 50 percent 
on-site duties for 100 percent of the time period 
requirements or 100 percent on-site duties for 50 
percent of the time period requirements. The other 50 
percent ma\ be in related fields such as wastewater 
facility operation, wastewater laborator>. water 
pumping stations, or water system design and 
engineering. The experience of Division of 
Environmental Health. Public Water SuppK Section 
personnel maN be acceptable if their job duties include 
inspection or on-site technical assistance of water 
treatment facilities which is sufficient to meet the 50 
percent minimum. 

(2) "Certified Operator" means an\ holder of a certificate 
issued b\ the Board in accordance w ith the pro\ isions 
ofG.S. 90A-20to-29. 

(3) "College Graduate" means a graduate of an accredited 
four-Near institution awarding degrees on the bachelor 
level. 

(4) "Licensee" means an> person who holds a current 
certificate issued b\ the water treatment facilit\ 
operators board of certification. 



(5) "Owner" shall mean person, political subdivision, 
firm, corporation, association, partnership or 
non-profit corporation formed to operate a public 
water supply facility. 

(6) "Political Subdivision" means any city. town, count) . 
sanitary district, or other governmental agency or 
privately owned public water supply operating a water 
treatment facilit\ . 

(7) "Operator in responsible charge" means a person 
designated b\' the owner of the water treatment facility 
to be responsible for the total operation and 
maintenance of the facility. 

(8) "Secretar\" shall mean the Secretar> of the 
Department of Environment and Natural Resources. 

(9) "Service Connection" means a water tap made to 
provide a water connection to the water distribution 
system. 

(10) "Fire Protection S\stem" means dr% or wet sprinkler 
systems or fire h\drant connection to the water 
distribution sxstem. 

History .\ote: Authority- G.S. 90A-21/C): 

Eff. February 1. 19' 6: 

Readopted Eff. March 1. 19^9: 

.4mended Eff. .4usust L 1998: .4ugust 3. 1992: January 1. 1992: 

September 1. 1990: June 1. 1988. 

SECTION .0300 - APPLICATIONS AND FEES 

.0309 CERTIFICATION REINSTATEMENT 

(a) An operator whose certification has been revoked for 
failure to renew for five years may have the certification 
reinstated h\ passing another certification examination for that 
grade. 

(b) An operator whose certification has been revoked for 
failure to obtain si.x hours of annual continuing education credit 
ma\ ha\e the certification reinstated b\ passing another 
certification examination for that grade. 

Histor}- Note: .4utlmrity G.S. 90.4-25. 1: 90.4-26: 
Eff. .4usust L 1998. 

SECTION .0700 - OPERATIONS AND MANAGEMENT 

.0701 OPERATOR IN RESPONSIBLE CHARGE 

(a) The operator in responsible charge must possess a \alid 
certificate issued b\ the Board equi\alent to or exceeding the 
classification of the facilitv" for which he or she is designated. 

(b) The operator in responsible charge is actualK in charge of 
the daih operation and maintenance of the facility and shall 
reside within 50 miles of the facility and shall be readih 
a\ailable for consultation on the premises of the facility in case 
of an emergency, malfunction or breakdown of equipment or 
other needs. The operator in responsible charge of a non- 
community public water s\stem shall not reside more than 50 
miles from the facility without written permission from the 
Board. No person shall be in responsible charge of more than: 

( 1 ) One surface w ater treatment facilit}, w ithout w ritten 



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permission from the Board, or 

(2) Five community public water systems with well water 
facilities without written permission from the Board 
and not to exceed 15 well water facilities for 
community public water systems in any event, or 

(3) Ten non-community public water systems with well 
water facilities without written permission from the 
Board and not to exceed 30 well water facilities for 
non-community public water systems in any event. 

(c) When permission from the Board is required, the request 
shall include sufficient documentation to satisfy the Board that 
the facilities in question can be managed in compliance with the 
requirements of 15A NCAC 18C. 

(d) An owner may designate a different person to be the 
operator in responsible charge for surface water treatment 
facilities, well water facilities, and distribution facilities. 

(e) The operator in responsible charge shall report with 
annual certification renewal the name(s) and public water system 
identification number(s) for all systems for which the operator 
is the operator in responsible charge. 

(f) If an operator in responsible charge takes responsibility for 
an additional system or relinquishes responsibility for any 
system, the operator shall notify the Board in writing within 30 
days of this change. 

Histo)y Note: Authority G.S. 90A-21(c): 90A-31: 
Eff. August L 1998. 



SECTION .0300 - RULE MAKING PROCEDURES 

.0302 NOTICE MAILING LIST 

Any persons desiring to be placed on the mailing list for 
Board rule-making notices may file such request in writing, 
furnishing their names and mailing addresses to the Board. The 
letter of request shall state those subject areas within the 
authority of the Board for which the person wants notice. 

Histoid' Note: Authority^ G.S. 1 15C-290.5(a)(6); 150B-21.2: 
Temporan' Adoption Eff. January 1. 1998: 
Eff. July i. 1998. 

.0303 PROCEDURE FOR DECLARATORY RULING 

The Board shall decide whether to grant or deny a request to 
make a declaratory ruling on the validity of a rule or on the 
applicability of particular facts of a statute or to a rule or order 
of the Board within 60 days of receiving the petition. The Board 
may refuse to grant a petition for a declaratory ruling when there 
has been a similar factual determination in a contested case or 
one is likely to be made in a pending contested case or 
investigation. 

Histoiy Note: Authority G.S. 1 15C-290. 5(a)(6): 150B-4: 
Temporaiy .Adoption Eff. Jamiaiy 1. 1998: 
Eff July i. 1998. 



TITLE 16 - DEPARTMENT OF PUBLIC 
INSTRUCTION 

CHAPTER 7 - NORTH CAROLINA STANDARDS 
FOR PUBLIC SCHOOL ADMINISTRATION 

SECTION .0200 - EXAMINATION PROCEDURES 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 

CHAPTER 12 - LICENSING BOARD FOR GENERAL 
CONTRACTORS 

SECTION .0900 - HOMEOWNERS RECOVERY 
FUND 



.0201 APPLICATION FOR EXAMINATION OR 
REGISTRATION 

Application for admission to take the Public School 
Administrator Exam for the principalship must be made on 
forms supplied by the Board along with a non-refundable 
application fee of fifty dollars ($50.00) for the first application. 
The applications are available upon request made in person or by 
writing to the Board. Applicants must also supply the Board 
with a statement from the Institution of Higher Education (IHE) 
where preparation was completed that the individual has 
satisfied the educational requirements of G.S. 1 15C-290. 7(a)(3). 
An application process must be begun and the proper application 
fee received in the Board office 60 days prior to the exam. All 
data received by the Board in connection with the application 
shall become a part of the application and shall also become a 
permanent record of the Board. 

Histoiy Note: .Authority G.S. 1 1 5C-290.5(a)(6): 
Temporaiy .Adoption Eff'. Janiiaiy 1. 1998; 
Eff. July i, 1998. 



.0903 APPLICATION FOR PAYMENT 

(a) Applicants desiring to obtain payment from the fund shall 
file a verified application with the Board on a prescribed form. 
The form shall require information concerning the applicant and 
the claim including, but not limited to, the applicant's name and 
address, the amount of the claim, a description of the acts of the 
general contractor which constitute the grounds for the claim and 
a statement that all court proceedings are concluded or the 
general contractor has filed for bankruptcy. If the applicant has 
exhausted all civil remedies pursuant to G.S. 87-15.8(3), the 
application shall include certified copies from the civil action of 
the complaint, judgment and return of execution marked as 
unsatisfied. If the general contractor was a corporation which 
was dissolved no later than one year after the date of discovery 
by the applicant of the facts constituting the dishonest or 
incompetent conduct, and the applicant did not commence a civil 
action against the general confractor, then the applicant shall 
include certified copies of documents evidencing the dissolution. 
If the applicant has been precluded from filing suit, obtaining a 
judgment or otherwise proceeding due to the bankruptcy of the 



12:22 



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APPROVED RULES 



general contractor, then the applicant shall submit a certified 
cop\ of the bankruptcN petition and an\ proof of claim, and 
documents from the bankruptc) court or trustee certit\ ing that 
the applicant has not and will not receive any payment from the 
bankruptcy proceeding. 

(b) Requests for the application form shall be directed to the 
Board at the address shown in Rule .0101 of this Chapter. 

History Note: Authority G.S. 87-15.6: 87-15. 7: 87-15.8: 
Eff. January 4. 1993: 
Amended Eff. .Aimtst /. 1998. 

CHAPTER 46 - BOARD OF PHARMACY 

SECTION .1800 - PRESCRIPTIONS 

.1813 ELECTRONIC TRANSMISSION OF 
PRESCRIPTION ORDERS 

(a) "Electronic transmission" means transmission of the 
digital representation of information b\ way of electronic 
equipment other than facsimile machine described in Rule . 1 807 
of this Section. 

(b) All prescription drug orders communicated b\ vsa\ of 
electronic transmission shall: 

( 1 ) be transmitted directK to a pharmacist in a pharmac\ 
of the patient's choice with no inter\ening person 
having access to the prescription drug order; 

(2) identify the transmitter's phone number for \erbal 
confimiation. the time and date of transmission, and 
the identity of the pharmac\ intended to receive the 
transmission; 

(3) be transmitted b\ an authorized practitioner or his 
designated agent; and 

(4) be deemed the original prescription drug order, 
provided it meets all requirements of federal and state 
laws and regulations. 

(c) The prescribing practitioner ma>' authorize his agent to 
electron icalK transmit a prescription drug order to a pharmacist 
in a pharmacy provided that the identity of the transmitting agent 
is included in the order. 

(d) The pharmacist shall e.xercise professional judgment 
regarding the accuracv. validity, and authenticity of an 
electronicalK transmitted prescription drug order consistent with 
e.xisting federal and state laws and regulations. 

(e) All equipment for receipt of prescription drug orders b\ 
electronic transmission shall be maintained so as to ensure 
against unauthorized access. 

(f) There shall be no additional charge to the patient because 
the prescription order was electronicalK transmitted. 

(g) Prescriptions ma\ be transferred electronicalK if all the 
requirements of Rule . 1 806 of this Section are met. 

Histoiy Note: A uthority G. S. 90-85. 6: 90-85. 32: 
Eff.Aiisu.si 1. 1998. 

SECTION .2200 - CONTINUING EDUCATION 



CORRESPONDENCE: RECIPROCITY 

(a) As a condition of license renewal, each practicing 
pharmacist holding an active license shall report on renewal 
forms the hours of continuing education obtained during the 
preceding year. Annual accumulation often hours is considered 
satisfactory to meet the quantitative requirement of this Rule. 

(b) All records, reports of accredited hours and certificates of 
credit shall be kept at the pharmacist's regular place of practice 
for verification by inspectors during regular or other visits. The 
Board may require submission of such documentation on a 
random basis. Pharmacists who do not practice regularK at one 
location shall produce such records within 24 hours of a request 
from Board authorized personnel. All records of hours and 
certificates of credit shall be preserved for at least three years. 

(c) All continuing education shall be obtained from a provider 
approved by the Board. In order to receive credit, continuing 
education courses shall have the purpose of increasing the 
participant's professional competence and proficiencv as a 
pharmacist. At least five hours of the continuing education 
credits must be obtained through contact programs in any 
calendar year. Contact programs are those programs in which 
there is an opportunity for live Uvo-vvay communication between 
the presenter and attendee. 

(d) Continuing education shall not serve as a barrier to 
reciprocit\'; however all licensees by reciprocity must observe 
the continuing education standards specified in (a), (b) and (c) 
of this Rule within the first renewal period after licensure in this 
state. 

(e) Pharmacists who list their status as "Inactive" on the 
annual application for license renewal and who certify' that they 
are no longer engaged in the practice of pharmacy are not 
required to obtain the continuing education hours required b\ 
this Rule. Pharmacists on inactive status are prohibited from 
practicing pharmac\ in this State. Should a pharmacist on 
inactive status wish to return to active status, then all continuing 
education hours for the period of inactive status must be 
obtained. A pharmacist \\ ho has been on inactive status for five 
or more years must appear before the Board and submit 
evidence that he can safeK and properly practice pharmacy 
before he can be returned to active status. 

History Note: Authority G.S. 90-85.6: 90-85. 1 ': 90-85. 18: 

Eff. Jaimaty 1 . 1985: 

.Amended Eff. Ausust 1. 1998 : September 1. 1993: May 1. 1989. 

CHAPTER 50 - BOARD OF EXAMINERS OF 

PLUMBING, HEATING AND FIRE 

SPRINKLER CONTRACTORS 

SECTION .0100 - ORGANIZATION 

.0106 LOCATION OF OFFICE 

The mailing address is the State Board of Examiners of 
Plumbing. Heating and Fire Sprinkler Contractors. 3801 Wake 
Forest Road, Suite 201, Raleigh. NC 27609, The office hours 
are 7:00 a.m. to 6:00 p.m.. Monday through Friday. 



.2201 



HOURS: RECORDS: PRO\ IDERS: 



His ton- Note: A uthorin- G. S. 8'- 16: 8 ~- 1 8: 



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APPROVED RULES 



Ejf. February 1, 1976: 

Readopted Eff. September 29. 1977; 

Amended Eff. June 11. 1998; November 1. 1993; April 1. 1991. 

SECTION .0200 - FORMS 

.0202 OBTAINING FORMS 

All forms may be obtained on request from the Executive 
Secretary, State Board of Examiners of Plumbing, Heating and 
Fire Sprinkler Contractors, 3801 Wake Forest Road, Suite 201, 
Raleigh, North Carolina, 27609. 

History Note; A uthority G. S. 87-1 8; 
Eff. February 1. 1976; 
Readopted Eff. September 29. 1977; 
Amended Eff. June IL 1998; April 1. 1991. 

SECTION .1200 - PETITIONS FOR RULES 

.1201 PETITION FOR RULEMAKING HEARINGS 

Any person wishing to submit a petition requesting the 
adoption, amendment or repeal of a rule by the Board shall 
address a petition to: State Board of Examiners of Plumbing, 
Heating and Fire Sprinkler Contractors, 380 1 Wake Forest Road, 
Suite 201, Raleigh, North Carolina 27609. The petition shall 
clearly bear the notation: RULE-MAKING PETITION RE and 
then the subject area, for example, RE G.S. 87-2 1(a)(1) RE 
ADMINISTRATIVE PROCEDURE ACT, RE AIR 
CONDITIONING SYSTEMS, or an indication of any other area 
over which the Board may have rule-making authority. 

History Note; A uthoritv G. S 87-1 8; I SOB- 1 6; 150B-20; 
Eff. Februaiy 1. 1991; 
Amended Eff. June 11. 1998. 

.1205 NOTICE MAILING LIST 

Any person or agency desiring to be placed on the mailing list 
for the Board rule-making notices shall file such request in 
writing, furnishing his name and mailing address to the Board at 
3801 Wake Forest Road, Suite 201, Raleigh, North Carolina 
27609. The request shall state those subject areas within the 
authority of the Board for which notice is requested. The Board 
may require reasonable postage and stationery costs to be paid 
by persons receiving such notices. 

History Note; .Authority G.S. 87-18; 1503-21. 2; 
Eff. February 1. 1991; 
Amended Eff. June 11. 1998. 

.1206 ADDITIONAL INFORMATION 

Persons desiring information in addition to that provided in an 
individual rule-making notice shall contact the Board at 3801 
Wake Forest Road, Suite 201, Raleigh, North Carolina 27609. 
Any written communication shall clearly indicate the rule- 
making proceeding which is the subject of the inquiry. 

History Note; Authority G.S. 87-18; 150B-21; 
Eff. February 1. 1991; 



Amended Eff June 1 1. 1998. 

SECTION .1300 - DECLARATORY RULINGS 

.1302 SUBMISSION OF REQUEST FOR RULING 

All requests for declaratory rulings shall be written and mailed 
to the Board at 3801 Wake Forest Road, Suite 201, Raleigh, 
North Carolina 27609. The container of the request shall bear 
the notation: REQUEST FOR DECLARATORY RULING. 
The request must include the following information: 
( 1 ) name and address of petitioner; 

statute or rule to which petition relates; 

concise statement of the manner in which petitioner is 

aggrieved by the rule or statute or its potential 

application to him; 

a statement of whether an oral hearing is desired, and 

if so, the reason therefor. 



(2) 
(3) 



(4) 



Histoiy Note; Authority G.S. 87-18; 150B-4; 
Eff. February 1. 1991; 
Amended Eff June 11. 1998. 



TITLE 23 - DEPARTMENT OF COMMUNITY 
COLLEGES 

CHAPTER 1 - GENERAL PROVISIONS 

SUBCHAPTER 1 A - ORGANIZATION 

SECTION .0100 - TRUSTEES AND COLLEGES 

.0101 DEFINITIONS 

The following terms shall have the following meanings 
throughout this Title unless the context of a specific rule requires 
a different interpretation: 
(1) Credit Hours: 

(a) Credit of one semester hour is awarded for 
each 16 hours of "class work." Class work is 
lecture and other classroom instruction. Class 
work is under the supervision of an instructor. 

(b) Credit of one semester hour is awarded for 
each 32 hours of "experiential laboratory 
work." Experiential laboratory work means 
instruction given to a student by an instructor 
to increase the student's knowledge and skills 
without immediate student application, 

(c) Credit of one semester hour is awarded for 
each 48 hours of "faculty directed laboratory 
work." Faculty directed laboratory involves 
structured and coordinated demonstration by an 
instructor with immediate student application. 

(d) Credit of one semester hour is awarded for 
each 48 hours of "clinical practice." Clinical 
practice is a structured, faculty-directed 
learning experience in a health sciences 



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APPROVED RULES 



program which develops job proficiency. 
Clinical practice requires significant 
preparation, coordination, and scheduling b) 
the faculty and is under the supervision of an 
instructor or preceptor who is qualified for the 
particular program, 
(e) Credit of one semester hour is awarded for 
each 160 hours of "work experience" such as 
cooperative education, practicums. and 
internships. Work experience involves the 
development of job skills h\ providing the 
student \\ ith emplo_\ment that is directK related 
to. and coordinated with, the educational 
program. Student activity' in work experience 
is planned and coordinated b\ a college 
representative, and the emploser is responsible 
for the control and supervision of the student 
on the job. 

(2) Full-time Student means a student enrolled in 12 or 
more credit hours. For the summer session. Full-time 
Student means a student enrolled in nine or more 
credit hours. 

(3) Part-time Student means a student enrolled in less 
than 12 credit hours. 

(4) FTE means one full-time equi\alent (FTE) student or 
256 student membership hours per semester (based on 
a t>'picai semester of 16 weeks \ 16 student 
membership hours per week). 

(5) Student Membership Hour means one hour of 
scheduled class or laboraton. for which the student is 
enrolled. A college shall provide a minimum of 50 
minutes of instruction for each scheduled class hour. 

(6) Annual Curriculum FTE means the total of the student 
hours in membership for fall and spring semesters 
divided b\ 512 (256 student hours per semester x 2). 

(7) Annual Continuing Education (non-credit) FTE 
means the total of the student hours in membership 
for the three reporting periods divided b\ 688 (based 
on two typical semesters of 1 6 weeks and a tvpical 
summer term of 1 1 weeks). The three reporting 
periods are fall semester, spring semester, and the 
summer term. 

(8) Budget Full-time Equivalent (B FTE). B/FTE means 
the number of FTE which determines a college's 
operating budget. 

(9) College means an> institution established pursuant to 
G.S. 1 15D except for the N. C. Center for Textile 
Technology. 

Note; Substance 0723 NCAC 2D .0317 and 2E .0104 was 
incorporated into this Rule. 

History Note: Authont\- G.S. 1150-5: 115D-54: S.L 1995. c. 

625: 

Eff. September 1. 1993: 

Temporary .Amendment Eff. June 1. 199"; 

Amended Eff. July 1. 1998. 

CHAPTER 2 - COMMUNITY COLLEGES 



SUBCHAPTER 2D - COMMUNITY COLLEGES: 
FISCAL AFFAIRS 

SECTION .0300 - BUDGETING: 
ACCOUNTING: FISCAL MANAGEMENT 

.0301 OPERATING BUDGET REQUESTS: 
DISTRIBUTION OF FUNDS 

(a) Projections of full-time equi\alent (FTE) students shall be 
based on the following: 

(1) Curriculum FTE projections shall be based on the 
academic year (fall and spring semesters). 

(2) Continuing education FTE projections shall be based 
on the latest spring, summer, and fall FTE figures. 
Annual continuing education FTE is determined by 
totaling the student hours in membership for the three 
reporting periods and dividing b\ 688. Note 
definition of annual continuing education FTE in 23 
NCAC lA .0101(8). 

(3) Projections shall be made, program b\ program, as 
stated in Subparagraphs (a)( 1 ) and (2) of this Rule. If 
the actual FTE for the semesters needed are not 
available, the latest actual semester FTE shall be 
multiplied by the latest five-year retention ratio to 
determine the appropriate estimates. Retention ratios 
are FTE comparisons between Fall Semester and the 
Spring Semester which are used to predict FTE totals 
when actual figures are not a\ ailable. 

(4) The State Board ma> adjust the projections based on 
additional factors brought to its attention. 

(5) The State Board shall adopt an official projection of 
FTE. 

(b) Appropriation Requests: 

(1) Continuation Budget Requests. The continuation 
budget request shall be based on the number of FTE 
and amount per FTE currentK appropriated and 
increases in the continuation budget as directed b\ the 

, Office of State Budget and Management. Also 
included in the continuation budget requests shall be 
continuing categorical programs. Categorical 
programs are educational programs funded for 
specific purposes such as new and expanding industp. 
as opposed to general formula programs such as 
occupational extension. 

(2) Expansion Budget Requests. The expansion budget 
request shall consist of at least the following items; 

(A) an adjustment in the number of FTEs in 
existing programs based on the difference 
between the official FTE projections of the 
State Board and the existing level of FTEs 
requested in the continuation budget; 

(B) an adjustment in expenditure per FTE: 

(C) additional funding for new and special 
programs of instruction. 

(c) State Board Reserve. A reserve shall be requested from 
the General AssembK and shall be retained by the State Board 
for the purpose of making later allocations for feasibilit\ studies, 
pilot projects. inno\ative ideas, and start-up of new programs or 



2065 



NORTH CAROLINA REGISTER 



Mav 15, 1998 



12:22 



APPROVED RULES 



as otherwise directed by the General Assembly. 

(d) Formula distribution of funds for the current operation 
budget. Funds appropriated to the State Board for current 
operation shall be allocated to the system colleges as directed by 
the General Assembly. 

(e) JTPA Administrative Allotment. Student class hours for 
class size projects funded by the Job Training Partnership Act 
(JTPA) shall not be included in the full-time equivalent (FTE) 
formula for earning budget/FTE. Administrative funds for 
operating these class size projects shall be allocated on the same 
basis as all other administrative formula funds. 

History' Note: Filed as a Temporaiy Amendment Eff. August 

25, 1988 for a period of 180 days to expire on February 20, 

1989: 

Filed as an Emergency Amendment Ef]. July 1. 1978 for a 

period of 1 20 days to expire on October 29, 1978: 

Authority G.S. 115D-3: 115D-5: 115D-54: S.L 1995, c. 625: 

Eff. February 1, 1976: 

Amended Eff. September 30, 1977: 

Emergency Amendment Made Permanent Eff. July 24, 1978: 

Amended Eff. September 1, 1993; April 1, 1989: June 1, 1987; 

July 1, 1983: 

Temporary Amendment Eff. June 1, 1997; 

Amended Eff. July. L 1998. 

.0327 REPORTING STUDENT MEMBERSHIP 
HOURS TO THE DEPARTMENT 

(a) Curriculum and extension college class reports 
summarizing student membership hours shall be submitted to the 
Department during each student membership hour reporting 
period defined in this Paragraph. 

( 1 ) The three student membership hour reporting periods 
are as follows: 

(A) Period 1 - (Spring Period): January 1 - May 15; 

(B) Period 2 - (Summer Period): May 1 6 - August 



14; 
(C) Period 3 - (Fall Period): August 15 - December 

31. 
(2) College class reports for all regular budget curriculum 
and extension classes shall be submitted 21 calendar 
days after the conclusion of each student reporting 
period defined in Subparagraph (a)(1) of this Rule. 
Note the following schedule concerning application of 
the designated periods: 

(A) all reports received by June 5 shall be 
designated Period 1 ; 

(B) all reports received by September 4 shall be 
designated Period 2; and 

(C) all reports received by January 21 shall be 
designated Period 3. 

(b) For learning laboratories, skills laboratories, multi-entry, 
multi-exit and other non-regularly scheduled classes where 
actual student time in class is determined, student contact hours 
shall be calculated on the last day of each respective student 
membership hour reporting period for a given class and 
submitted to the Department according to Subparagraphs (a)(1) 
and (a)(2) of this Rule. Also, note Paragraphs (b) and (c) of 
Rule .0323 and Paragraphs (a) and (b) of Rule .0324 regarding 
calculation of student membership hours. 

(c) College class reports for non-regular budget extension 
classes such as new and expanding industry, HRD, JTPA, 
self-supporting, and recreational shall also be submitted to the 
Department in accordance with Subparagraphs (a)(1) and (a)(2) 
of this Rule. 

History Note: Authority G.S. I15D-5: I15D-31: 115D-58.5; 

SL 1995, c. 625: 

Eff September 1 . 1988; 

Temporary Amendment Eff. June 1, 1997; 

Amended Eff. July 1, 1998. 



12:22 



NORTH CAROLINA REGISTER 



Mav 15, 1998 



2066 



R ULES RE VIE W COMMISSION 



1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday. Men' 21, 1998, 10:00 
a.m. , at 130'' Glenuvod .4ve., .Assembly Room, Raleigh, NC. .Anyone wishing to submit written comment on any rule before 
the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners by Monday, 
May 18, 1998, at 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Review Commission at 919- 
733-2 721. .Anyotie wishing to address the Commission should notify' the RRC staff and the agency at least 24 hours prior to 
the meeting. 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Teresa L. Smallwood. Vice Chairman 

Jim Funderburke 

Vemice B. Howard 

Philip O. Redwine 

Da\ id T\vidd\ 



Appointed by House 

Paul Powell. Chairman 

Anita White. 2"'^ Vice Chairman 

Mark Garside 

Ste\ e Rader 

George Robinson 



RULES REVIEW COMMISSION MEETING DATES 



May 21. 1998 
June 18. 1998 
Julv23. 1998 



August 20. 1998 
September 17, 1998 
October 15. 1998 



MEETING DATE: MAY 21, 1998 

LOG OF FILINGS 

RULES SUBMITTED: MARCH 20, 1998 THROUGH APRIL 20, 1998 



AGENCV/DIMSION 



RILE NAME 



DHHS/SOCIAL SERVICES COMMISSION 

Coupon issuance 
Waiver of Licensing Rules 
Criminal Histories 
Criminal History Checks 
Paxment Authorization 
initial Interview 
AA-SA Group il 
AD-SA Group 11 
CD-SA Certain Disabled 
Residence 



I LE CITATION 


ACTION 


10NCAC30.0207 


Amend 


10NCAC41A.0007 


Amend 


10NCAC41F. 0707 


Amend 


10NCAC41F.0813 


Amend 


10NCAC47A,0502 


Amend 


10NCAC47B.0I02 


Amend 


10NCAC47B.0303 


Amend 


10NCAC47B.0304 


Amend 


10NCAC47B.0305 


Amend 


10NCAC47B.0403 


Amend 



DENRAVILDLIFE RESOURCES COMMISSION 

Beaufort Count\ 



15ANCAC 1 OF .0303 



Repeal 



RULES REVIEW COMMISSION 

April 15, 1998 
MINUTES 

The Rules Review Commission met on April 15. 1998. in the AssembK Room of the Methodist Building. 1307 Glenwood Avenue. 
Raleigh. North Carolina. Commissioners in attendance were Chairman Paul Poweil, Mark P. Garside. Philip O. Redwine, Jim R. 



2067 



NORTH CAROLINA REGISTER 



May 15, 1998 



12:22 



RULES REVIEW COMMISSION 



Funderburk, Steven P. Rader, David R. Twiddy, and Anita A. White. 

Staff members present were: Joseph J. DeLuca, Staff Director; Bobby Bryan, Rules Review SpeciaHst; Glenda Gruber, 
Administrative Assistant; and Sandy Webster. 

The following people attended: 



David Brook 
Juanita Gaskill 
Ben F. Massey 
Bill Hale 
Dedra Alston 
Robin Stancil 
Tim Simmons 
Denise Haskell 
EUie Sprenkel 
Mark Payne 
Liz Cullington 
Harry Wilson 
David Massey 
Marc Lodge 
Sheila Pope 
David S. Tuttle 
Bob Bode 
Jerry Carter 
Noel Allen 
Vega George 
Tom West 
Allen Wahab 
Dick Carlton 
Eric Mussler 
Sid Harrell 
Alison Davis 
Dee Williams 
Ann Christian 
Jim Lynn 
Jim Hall 
Janice Fain 
Nancy Guy 
M. Farmer 
Sabra Faires 
Mary Shuping 
Portia Rochelle 
Anna Tefft 
Mark Sisak 
Nat Murd 
Louis Zeller 



Cultural Resources 

DENR/Marine Fisheries 

NC Board of Physical Therapy Examiners 

Insurance 

DENR 

Cultural Resources 

Cultural Resources 

NC Board of Pharmacy 

Insurance 

Insurance 

Citizen 

State Board of Education 

Secretary of State 

DHHS 

Secretary of State 

NC Board of Engineers and Land Surveyors 

Bode, Call and Stroupe 

NC Board of Engineers and Land Surveyors 

NC Board of Architects 

DENR 

Poyner& Spruill 

DENR/DWQ 

Attorney 

Price Waterhouse 

DENR/DEH 

DENR/Coastal Management 

Cosmetic Art Examiners 

Attorney 

Agriculture/Structural Pest Control 

DENR/NC Child Care Commission 

DHHS/Child Development 

DHHS/Child Development 

DHHS/Child Development 

Revenue 

General Assembly 

DHHS/DMA 

OSBM 

OSBM 

Conservation Council of NC 

Blue Ridge Environmental Defense League 



APPROVAL OF MINUTES 

The meeting was called to order at 10:05 a.m. with Chairman Powell presiding. He asked for any discussion, comments, or 
corrections concerning the minutes of the March 19, 1998 meeting. There being none, the minutes were approved. 

FOLLOW-UP MATTERS 

7 NCAC 4R ,0909. .0910, .091 1, .0912. .0913. .0914. and .0915 - CULTURAL RESOURCES/NC Historical Commission: The 
Commission approved the rewritten rules submitted by the agency. 



12:22 



NORTH CAROLINA REGISTER 



May 15, 1998 



2068 



RULES REVIEW COMMISSION 



10 NCAC 3U .0302, .0704, .0806, . 1 702, .and . 1 720 - DHHS/Child Care Commission: The Commission approved the rewritten rules 
submitted by the agency. 

10 NCAC 3U .0710 - DHHS/Child Care Commission: The Commission approved this rule. Commissioners Redwine and Rader 
voted not to approve the rule. 

1 2 NCAC 7D .0204 and . 1 1 06 - JUSTICE/NC Private Protective Services Board: These rules are to be considered at the next meeting 
of the Board. No action was necessary. 

16 NCAC 6C .0602 - STATE BOARD OF EDUCATION: The Commission approved the rewritten rule submitted by the agency. 

16 NCAC 7 .0202 - Education/NC Standards Board for Public School Administration: The Commission approved the rewritten rule 
submitted b\ the agency. 

17 NCAC 5C .0102 and .0703 - DEPARTMENT OF REVENUE: Office of State Budget and Management determined that these 
rules have a substantial economic impact. The\ received an opinion from the Attorney General's office that stated that tax 
consequences of a rule were to be considered in determining whether the costs included the tax consequences. These rules were 
withdrawn by the agency. The Commission voted to return them. 

17 NCAC 5 E .0103 - DEPARTMENT OF REVENUE: The Office of State Budget and Management determined that there was no 
substantial economic impact and this rule was approved by the Commission. 

18 NCAC 6 .1104, .1206, .1212, .1401, .1509, .1702, .1703. .1705, .1706, .1805, and .1811 - SECRETARY OF STATE: The 
Commission approved the rewritten rules submitted by the agency. 

21 NCAC 2 .0904 and .0906 - NC Board of Architecture: The Commission approved the rewritten rules submitted b> the agency. 

2 1 NCAC 12 .0204 - NC Licensing Board for General Contractors: The Commission approved the rewritten rules submitted b\ the 
agenc). 

21 NCAC 14H .0005 - NC State Board of Cosmetic Art Examiners: The Commission approved the rewritten rule submitted by the 
agency. 

21 NCAC 14.1 .0501 - NC State Board of Cosmetic Art Examiners: The Commission approved the rewritten rule submitted by the 
agency. 

21 NCAC 14K .0003 - NC State Board of Cosmetic Art Examiners: The Commission approved the rewritten rule submitted by the 
agenc\'. 

21 NCAC 14N .0102. .0107. and .01 13 - NC State Board of Cosmetic Art Examiners: The Commission approved the rewritten rules 
submitted b\ the agenc\ . 

21 NCAC I8B .0209, .0404. and .0802 - NC State Board of Examiners of Electrical Contractors: The Commission approved the 
rewritten rules submitted b\ the agency. 

21 NCAC 46 .1804 - NC Board of Pharmac\: The Office of State Budget and Management determined that there was a substantial 
fiscal impact from this rule. The rule was returned to the agenc\ . 

2 1 NCAC 48 A .0 1 03 and .0 1 05 - NC Board of Ph\ sical Therap\ Examiners: The Commission approved the rewritten rules submitted 
b\ the agency. 

21 NCAC 48C .0401 - NC Board of Physical Therapy Examiners: The Commission approved the rewritten rule submitted b\ the 
agency. 

21 NCAC 48D .0102. .0105, and .01 12 - NC Board of Ph\sical Therap) Examiners: The Commission approved the rewritten rules 
submitted by the agency. 

21 NCAC 48F .0102 - NC Board of Ph\ sical Therapv Examiners: The Commission approved the rewritten rule submitted by the 



2069 NORTH CAROLINA REGISTER May 15, 1998 12:22 



RULES REVIEW COMMISSION 



agency. 

2 1 NCAC 48G .0203 and .0404 - NC Board of Physical Therapy Examiners: The Commission approved the rewritten rules submitted 
by the agency contingent upon receiving technical changes for .0404 today. The rule was subsequently received. 

21 NCAC 48G .0601 - NC Board of Physical Therapy Examiners: The Commission approved the rule submitted by the agency 
contingent upon receiving a technical change in the rule today. The rule was subsequently received. 

21 NCAC 50.1210, and .1212 - State Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors: The Commission 
received no appropriate response from the agency on these rules. 

LOG OF FILINGS 

Chairman Powell presided over the review of the log and all rules were approved with the following exceptions: 

2 NCAC 34 .0404 - AGRICULTURE/NC State Pest Conft-ol Committee: The Commission objected to this rule due to ambiguity. 
It is unclear who or what constitutes an "individual affected" in (1 ). 

15A NCAC 2Q .0708 - DENR/Environmental Management Commission: The Commission objected to the rule due to lack of 
statutory authority. Subparagraph (d){4) is a waiver provision without specific guidelines. TTiey approved the rewritten rule deleting 
the waiver contingent upon receiving it today. The rule was subsequently received. 

Commissioner White recused herself fi-om the Department of Insurance rules. 

15A NCAC lOG .0404 - DENRAVildlife Resources Commission: The Commission voted to extend the period of review on this rule 
in order to give the Wildlife Resource Commission an opportunity to get legislative authority for the rule. 

2 1 NCAC 56 .0 1 03 - NC Board of Registration for Professional Engineers and Land Surveyors: There was a motion to object to this 
rule due to lack of necessity. Commissioners Funderburk. Garside, and White voted not to object. A motion to approve the rule 
passed with Commissioner Rader voting not to approve. 

21 NCAC 68 .0305 - NC Substance Abuse Professional certification Board: The Commission objected to this rule due to lack of 
statutory authority. There is no authority for the provision in (6) about the applicant being a North Carolina resident. 

DIRECTOR'S REPORT 

The bylaws will be discussed at next month's meeting from 10:00 to 10:30 a.m. The Rules Review Commission meeting will not begin 
until 10:30 a.m. 

COMMISSION PROCEDURES AND OTHER MATTERS 

Ms. Gruber told the Commissioners that breakfast could not be claimed as a meal unless the Commissioner left home before 6:30 a.m. 
and that dinner could not be claimed unless the Commissioner returned home after 8:00 p.m. The July meeting was changed from 
July 16 to July 23 because of the NASS conference. 

The next meeting will be on May 21,1 998. 

The meeting adjourned at 12:50 p.m. 

Respectfully submitted, 
Sandy Webster 



12:22 NORTH CAROLINA REGISTER May 15, 1998 2070 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of the 
decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office of 
Administrative Hearings. (919) ''33-2698. 



OFFICE OF ADMINISTRATIVE HEARINGS 

Chief Administrative Law Judge 

JULIAN MANN. Ill 

Senior Administrative Law Judge 

FRED G.MORRISON JR. 

ADMIMSTRA TIVE LA W JUDGES 



Brenda B. Becton 
Sammie Chess Jr. 
Beecher R. Gra\ 



Meg Scott Phipps 

Robert Roosevelt Reilly Jr. 

Dolores O. Smith 



.AGENCY 

.\DMIMSTRATION 

E Eduard Gambill \ Department of .Adminislration 

Triangle CAD Solutions. Inc v Div Purchase and Contract. EHNR 

Henr\ Br\on Brewer v NC Commission ot Indian Aftairs 

OFFIt E OF .\DMIMSTRATIVE HEARINGS 

Sir Gregopi Leo Kell>. Ruh\ Louise Kelh \ Sheila Director Ocean House 
and Mental Health Southeastern Regional Wilmington. NC 

Sir Oregon. Leo Kell\ . Rub> Louise Kell\ \ Client Complaint Secretan. 
(.Art Constantim) .Mental Health Director 



CASE 




DATE OF 


PI BLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


97 DOA 0364 


Reilh 


09/10/97 




97 DOA 0670 


Reilh 


12/19/97 




97 DOA 0959 


Gra> 


12/17/97 




97OAH07I4 


Chess 


03/24/98 




97OAH07I5 


Chess 


03/24/98 





ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Michael's Mini Mart v Alcoholic Be\erage Control Commission 
E\erette Craig Homhuckle \ Alcoholic Be\erage Control Commission 
Saleh Ahmed .All Futhah s Alcoholic Beverage Control Commission 
CaroKnT Ra\ v Alcoholic Beverage Control Commission 
Alcoholic Be\erage Control Commission v Fast Fare. Inc 
.Alcoholic Beverage Control Commission v Mendoza Enterprises. Inc 
Paul T\ler IV Enterprises. Inc . .Alpha Vinson T/A Mirrors (Sid's 

Showgirls) \ .Alcoholic Beverage Control Commission 
and 

Cm of Goldsboro 
and 

Guman Rhera 
George Rohen Scott \ .Alcoholic Beverage Control Commission 
Nasar Sader v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v Paradise Landing. Inc 
OFFISS. Inc V .Alcoholic Beverage Control Commission 
.Alcoholic Beverage Control Commission v Fast Fare. Inc No 576 
Alcoholic Beverage Control Commission v Altat Hussain 
Alcoholic Beverage Control Commission v Robert Johnson 
Alcoholic Beverage Control Commission v Crown Central Petroleum Corp. 
Alcoholic Beverage Control Commission v Masonboro Count\ Store. Inc 
Daniel Garv Ledbetter v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm v Ravmond Lee 
Alcoholic Beverage Control Comm v Percv Daniel Bowen 
.Alcoholic Beverage Control Commission v Bridgette Dee Williams 
.Alcoholic Bev erase Control Commission v VVestside Tavern. Inc 



92 ABC 1601 


Grav 


08/18/97 


93 ABC 0987 


Grav 


08/18/97 


94 ABC 0264 


Grav 


08/18/97 


95 ABC 0429 


Grav 


09/23/97 


96 ABC 0483 


Morrison 


06/18/97 


96 ABC 1196 


Grav 


08/26/97 


96 ABC 1 804 


Morrison 


09/29/97 



96 ABC 1995 


Reillv 


12/05/97 


97 ABC 0030 


Phipps 


1 0/08/97 


97 ABC 003 1 


Grav 


06/13/97 


97 .ABC 01 18 


Grav 


09/17/97 


97 ABC 0197 


Morrison 


01/15/98 


97 ABC 0312 


Mann 


07/29/97 


97 ABC 0321 


Grav 


08/25/97 


97 ABC 0325 


Grav 


04/15/98 


97 ABC 0432 


Reillv 


09/09/97 


97 ABC 0443 


Grav 


07/08/97 


97 ABC 0488 


Smith 


10/30/97 


97 ABC 0495 


Morrison 


09/24/97 


97 ABC 0576 


Phipps 


09/04/97 


97 ABC 0586 


Phipps 


09/17/97 



2071 



NORTH CAROLINA REGISTER 



May 15, 1998 



12:22 



CONTESTED CASE DECISIONS 



AGENCY 

Alcoholic Beverage Control Commission v Grove Park Inn Resort. Inc. 
Bradford Allan Capps & Garland Lewis Williams v Ale Bev Ctl Coinm 
Alcoholic Beverage Control Commission v Soo Jung Pak 
Sunset Enterprises. Inc v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v, 6 Twelve Corporation 
Alcoholic Beverage Control Commission v, Kimberly Loette Hankins 
Alcoholic Bev Ctl Comm v Monterrey Mex Rest of Greensboro. Inc 
Alcoholic Beverage Control Comm v Fiesta Mexicana. Inc 
Alcoholic Beverage Control Commission v James Martini 
Alcoholic Beverage Control Comm v CvTithia Lea Wagner 
Alcoholic Beverage Control Comm v B B & S . Inc 
Alcoholic Beverage Control Comm v Ah Mohmood Ahmed 
Momhammed H Darwish & Hazeem M Eldara v Alcoholic Bev Ctl Comm 
Alcoholic Beverage Control Comm v Mr James A Fields. Jr 
Alcoholic Beverage Control Comm. v Circle K. Stores. Inc. 

COMMIINITY COLLEGES 

James Elliot Price V Dept. of Community Colleges. St Bd of Comm Col 

CORRECTION 

David M Boone \ Correction. Div of Prison Admin Remedy Procedure 

CRIME CONTROL AND PIBLIC SAFETY 

Delia Sherrod v. Crime Victims Compensation Commission 

Stanley D Carter. Sr. v. Victims Compensation Commission 

Mary A Kearney v CPS. Victims Compensation Commission 

Mae Allen Murray v Crime Victims Compensation Commission 

Beverly McLaughlin v Crime Victims Compensation Commission 

Malcolm W Fields \ Crime Victims Compensation Commission 

Rodney P Hodge v Crime Victims Compensation Commission 

Billy Steen v Crime Victims Compensation Commission 

Clifford R Pulley v Crime Victims Compensation Commission 

Curtis Jermaine Newkirk v Crime Victims Compensation Commission 

Huston Christopher Mason v Victims Compensation Commission 

Percival R Johnson. AKA Reeves Johnson v Crime Victims Comp Comm 

Gregory Bynum \ Crime Victims Compensation Commission 

Michaela Dionne Brewington v Crime Victims Compensation Commission 

Lisa S Snead v Crime Victims Compensation Commission 

Robert L Welty, II v Crime Victims Compensation Commission 

Robert! Blakeney v Office of Administrative Hearings 

Connie Cowan v Crime Victims Compensation Commission 

Abram J Smith v Crime Victims Compensation Commission 

Linda Atkinson \ Crime Victims Compensation Commission 

Barry Lee Whitley v Crime Victims Compensation Commission 

JudyN Scurry for Wendy C Scurrs v Crime Victims Comp Comm 

ECONOMIC AND COMMUNITY DEVELOPMENT 

Leon McNair v NC Industrial Commission 

ENVIRONMENT AND NATl R.4L RESOl RCES 

Herbert C Avery v Environment. Health, and Natural Resources 
Linda Collie \ Lenoir County Health Department 
Leroy Anderson v County of Moore Depanment of Health 
EH Gamer v New Hanover Health Department 
Peter D McDowell. Sr v New Hanover Health Depanment 
Dowell Gray v Department of Environment and Natural Resources 
and 
Onslow County Department of Health 
JimmieA Bnantv Environment Health & Natural Resources 
Riggings Homeowners Assoc. Inc v Environment. Health. & Natural Res 
John Ronald Taylor v Environment. Health. & Natural Resources 
Independence Mall Associates v Environment and Natural Resources 
Rick Parker V Pitt County Health Dept /Mr Ernie Nichols 
James R Melvin v Environment and Natural Resources 
Roger L Moore v Environment and Natural Resources 
Lee A Riggs v Craven County Health Department 
Tommy Anthony Swangin v Dept of Environment & Natural Resources 
Robert E Cahoon v Carteret County Health Department 
Jim R Lamer \ En\ ironment. Health, and Natural Resources 
John Martin v Environment. Health, and Natural Resources 
John Martin \ Environment. Health, and Natural Resources 
Jack R Whitmore v Dept of Environment & Natural Resources 
Rachel S Tugwell v Environment. Health and Natural Resources 
Joanne B HutTv Dept of Environment and Natural Resources 



CASE 




DATE OF 


Pl'BLISHED DECISION 


NUMBER 


AU 


DECISION 


REGISTER CITATION 


97 ABC 0706 


Morrison 


09/15/97 


12:07 NCR 609 


97 ABC 0820 


ReilK 


02/05/98 




97 ABC 0834 


Reilly 


03/04/98 




97 ABC 0846 


Gray 


12/10/97 




97 ABC 0895 


Reilly 


12/16/97 




97 ABC 0897 


Gray 


10/06/97 




97 ABC 0965 


Morrison 


01/15/98 




97 ABC 0983 


Mann 


02/17/98 




97 ABC 1 036 


Gray 


12/31/97 




97 ABC 1115 


Morrison 


02/19/98 




97 ABC 1250 


Gray 


02/24/98 




97 ABC 1289 


Morrison 


02/26/98 




97 ABC 1429 


Smith 


12/31/97 




97 ABC 1437 


Phipps 


04/24/98 




97 ABC 1538 


Smith 


03/13/98 




98DCC0136 


Gray 


03/11/98 




97 DOC 0534 


Morrison 


06/16/97 




96 CPS 0300 


Chess 


07/18/97 




96 CPS 1887 


Chess 


01/26/98 




96 CPS 2033 


Becton 


09/26/97 




96 CPS 21 10 


Chess 


10/31/97 




97 CPS 0170 


Phipps 


08/29/97 




97 CPS 0360 


Chess 


09/12/97 




97 CPS 0449 


Reilly 


07/01/97 




97 CPS 0472 


Morrison 


07/23/97 




97 CPS 0523 


Gray 


08/06/97 




97 CPS 0645 


Morrison 


10/03/97 




97 CPS 0691 


Becton 


12/04/97 




97 CPS 0779 


Gra\ 


02/06/98 




97 CPS 0901 


Reilly 


10/16/97 




97 CPS 0992 


Mann 


12/23/97 




97 CPS 1025 


Reilly 


11/10/97 




97 CPS 1073 


Gray 


01/20/98 




97 CPS 1187 


Becton 


11/07/97 




97 CPS 1214 


Becton 


12/03/97 




97 CPS 1383 


Morrison 


04/14/98 




97 CPS 1389 


Becton 


12/31/97 




97 CPS 1691 


Mann 


04/09/98 




98 CPS 0210 


Becton 


04/20/98 




97 COM 1549 


Gray 


01/09/98 




96EHR0161 


Chess 


09/23/97 




96 EHR 0264 


Becton 


07/16/97 




96EHR 1969 


Morrison 


07/15/97 


12:03 NCR 223 


96 EHR 1972 


Gray 


08/07/97 




96 EHR 2075 


Gray 


08/07/97 




97 EHR 0195*-" 


Gray 


12/01/97 


12:13 NCR 1222 


97 EHR 02 11 


Chess 


04/16/98 




97 EHR 0263 


Reilly 


08/13/97 




97 EHR 0275 


Reilly 


06/09/97 




97 EHR 0328 


Chess 


03/06/98 




97 EHR 0470 


Phipps 


07/01/97 




97 EHR 0682 


Phipps 


09/23/97 




97 EHR 0821 


Smith 


03/11/98 




97 EHR 0851 


Becton 


10/02/97 




97 EHR 0875 


Smith 


12/15/97 




97 EHR 0878 


Becton 


09/30/97 




97 EHR 0880 


Phipps 


03/13/98 




97 EHR 0993*-' 


Phipps 


10/13/97 




97 EHR 0994*-' 


Phipps 


10/13/97 




97 EHR 1039 


Mann 


12/17/97 




97 EHR 1086 


Becton 


12/03/97 




97 EHR 1149 


Reillv 


1 2/30/97 





12:22 



NORTH CAROLINA REGISTER 



May 15, 1998 



2072 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
MMBER 



ALJ 



DATE OF 
DECISION 



PI BLISHED DECISION 
REGISTER CITATION 



NC Waste Awareness & Reduction Network. Inc \ EHNR 
and 
Carolina Solite Corporation and 01do\er Corporation 
Alphasine Cher\l Barfield V EHNR. Div Environmental Health 
Mae B Blankenhurg \ Dare Count\ Health Dept (Issued b\ - Crawford) 
Gilben T Da\ IS. Jr v Fors\lh Count\ Environmental .AtTairs Dept 
Selb> Franklin Brown \ Wa>ne Counts Environmental Health 
Station Break. Mane K Grahams Martin Tvrell Washington. District 
Health Department 

Coastal Management 

Glenn Sasser \ Di\ ision of Coastal Management 



97 EHR 1 1 89 Becton 



97EHR1221 Morrison 

97 EHR 1267 Morrison 

97 EHR 1281 Smith 

97 EHR 1534 Smith 

97 EHR 1639 Phipps 



97 EHR 0763 Grav 



02/16/98 



01/28/98 
04/17/98 
11/10/97 
01/21/98 
03/09/98 



12/31/97 



Environmental Management 

Craig King Farms v EHNR. Environmental Management Commission 
Henrv G Dail. Dail Brothers \ EHNR. Environmental Management 

Land Resources 

James H Lowdennilk & .1 Wasne Lowdermilk \ EHNR. Land Res 
Charles G Smith v EHNR. Division of Land Resources 
Henp. Yancey Ingram. II & Hope Fanning Ingram v EHNR. Land Res 
Thomas Windell Foster. Minnie Foster Tate. Carolyn D Hughes. Joseph 

& Lome Voliva v EHNR. Division of Land Resources 
Thomas Windell Foster. Minnie Foster Tate. Carolyn D Hughes. Joseph 

& Lome Voliva \ EHNR. Division of Land Resources 
Thomas Windell Foster. Minnie Foster Tate. Carolyn D Hughes. Joseph 

& Lome Voliva v EHNR. Division ofLand Resources 
Thomas Windell Foster. Minnie Foster Tate. Carolyn D Hughes. Joseph 

& Lome Voliva v EHNR. Division ofLand Resources 



96 EHR 0609 


Grav 


01/14/98 


96 EHR 2104 


Gray 


08/27/97 


96 EHR 0745 


Grav 


10/30/97 


96 EHR 0855 


Grav 


10/30/97 


96 EHR 0908 


Grav 


10/30/97 


97 EHR 1002*'"' 


Mann 


02/05/98 


97 EHR I003'''" 


Mann 


02/05/98 


97 EHR 1043*'" 


Mann 


02/05/98 


97 EHR 1057*'" 


Mann 


02/05/98 



Marine Fisheries 

William B Tate V Division of Marine Fisheries 

John A Trahan v EHNR. Div ision of Marine Fisheries 

Hassell B Lawrence. Sr . Gordon Lawrence. Bobby G Gillikin. Norman 

W Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas. 

Jr . Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin 
Hassell B Lawrence. Sr . Gordon Lawrence. Bobby G Gillikin. Norman 

W Gilhkin. Oliver C Lawrence. Hiram Gillikin. Louis Gray Thomas. 

Jr . Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin 
Hassell B Lawrence. Sr . Gordon Lawrence. Bobby G Gillikin. Norman 

W Gillikin. Oliver C Lawrence. Hiram Gillikin. Louis Grav Thomas. 

Jr . Faye Thomas. Mark .-Mien Gillikin. Millie Lawrence. June Martin 
Hassell B Lawrence. Sr . Gordon Lawrence. Bobby G Gillikin. Norman 

W Gillikin. Oliver C Lawrence. Hiram Gillikin. Louis Gray Thomas. 

Jr . Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin 
Hassell B Lawrence. Sr . Gordon Lawrence. Bobby G Gillikin. Norman 

W Gillikin. Oliver C Lawrence. Hiram Gillikin. Louis Gray Thomas. 

Jr . Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin 
Hassell B Lawrence. Sr . Gordon Lawrence. Bobby G Gillikin. Norman 

W Gillikin. Oliver C Lawrence. Hiram Gillikin. Louis Gray Thomas. 

Jr . Faye Thomas. Mark .Mien Gillikin. Millie Lawrence. June Martin 
Hassell B Lawrence. Sr . Gordon Lawrence. Bobby G Gillikin. Norman 

W Gillikin. Oliver C Lawrence. Hiram Gillikin. Louis Gray Thomas. 

Jr . Faye Thomas. Mark .Allen Gillikin. Millie Lawrence. June Martin 
Hassell B Lawrence. Sr. Gordon Lawrence. Bobby G Gillikin. Norman 

W Gillikin. Oliver C Lawrence. Hiram Gillikin. Louis Gray Thomas. 

Jr . Faye Thomas. Mark .Allen Gillikin. Millie Lawrence. June Martin 
Hassell B Lawrence. Sr . Gordon Lawrence. Bobby G Gillikin. Norman 

W Gillikin. Oliver C Lawrence. Hiram Gillikin. Louis Gray Thomas. 

Jr . Faye Thomas. Mark .-Mien Gillikin. Millie Lawrence. June Martin 
James Fletcher \ EHNR. Di\ ision of Marine Fisheries 
Hassell B Lawrence. Sr . Gordon Lawrence. Bobby G Gillikin. Norman 

W Gillikin. Oliver C Lawrence. Hiram Gillikin. Louis Gray Thomas. 

Jr . Faye Thomas. Mark .Allen Gillikin. Millie Lawrence. June Martin 
Hassell B Lawrence. Sr. Gordon Lawrence. Bobby G Gillikin. Norman 

W Gillikin. Oliver C Lawrence. Hiram Gillikin. Louis Gray Thomas. 

Jr . Fa\e Thomas. Mark .Allen Gillikin. Millie Lawrence. June Martin 



96 EHR 1922 Becton 

97 EHR 0400 Chess 
97 EHR 091 7*' Momson 



97 EHR 0927*" Momson 



97 EHR 0928*" Momson 



97 EHR 0929*"' Momson 



97 EHR 0935* ' Momson 



97 EHR 0936*'" Momson 



97 EHR 0961*" Momson 



97 EHR 0962*'" Momson 



97 EHR 0979*"' Momson 



97 EHR 0985 Chess 
97 EHR 1038*" Momson 



97 EHR 1052*"' Momson 



12/16/97 
10/30/97 
12/30/97 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



01/28/98 
12/30/97 



12/30/97 



Maternal and Child Health 

Evan's Mini Mart \ EHNR. Maternal & Child Health. Nutrition S\cs Sec 

Solid Haste Management 

Loie J Priddy \ Division of Solid Waste Management. EHNR 

Dewev \' Hudson \ EHNR. Division of Waste Management 



97 EHR 0599 Phipps 



96 EHR 1838 Momson 
98 EHR 0083 Smith 



07/14/97 



06/20/97 
02/05/98 



12:02 NCR 103 



2073 



NORTH CAROLINA REGISTER 



Mav 15, 1998 



12:22 



CONTESTED CASE DECISIONS 



AGENC^ 

Water Quality 

Castle Hayne Steering Committee v EHNR, Division of Water Quality 
and 
New Hanover County Water and Sewer District 
RAYCO Utilities. Inc., Bnarwood WWTP v, EHNR. Div of Water Quality 
RAYCO Utilities. Inc.. Greystone Forrest WWTP v EHNR, Water Quality 
RAYCO Utilities. Inc . Melbille Heights MHP 
and 
RAYCO Utilities. Inc . Penman Heights MHP v EHNR, Water Quality 
RAYCO Utilities, Inc , Melbille Heights MHP 
and 
RAYCO Utilities, Inc , Penman Heights MHP v EHNR, Water Quality 

HUMAN RESOURCES 

Sampson Health Care Facilities Inc v Dept of Health & Human Services 

John & Veronica Spearman v Department of Human Resources 

New Beginnings Christian Academy v Department of Human Resources 

Cindy G Geho v Office of Administrative Hearings, R Marcus Lodge 

Helen Wyman v Department of Human Resources 

DeRothea G Williams d/b/a Dee Williams & Company, a proprietorship v 

Buncombe County Partnership for Children. Inc . a NC Nonprofit Corp., 

NC Department of Human Resources [Division of Child Development]; 

NC Department of Environment. Health, and Natural Resources [Division 

of Maternal and Child Health] 
Lorraine M Monroe v Department of Human Resources 
Ruby Woodward \ Department of Human Resources 
Linda Rouse Sharp \ Department of Human Resources 
William & Deborah Gilbert v Department of Human Resources 
Fannie Odessa Dixon v Department of Human Resources 
Ocelee Gibson v Department of Human Resources 
Larry Patton v Department of Human Resources 
Rita Faircioth v Department of Human Resources 
Valerie Bullock v Department of Human Resources 
Valerie Bullock v Department of Human Resources 
HILCO v Forsyth County Environmental AtTairs Department 
Fannie Odessa Dixon v Department of Human Resources 
Althea L Boone v Department of Human Resources 

Division of Child Development 

Geneva B Home \ DHR. Division of Child Development 

Raleigh Child Care. Inc v DHR. Div /Child Dev . Child Day Care Comm 

New Hanover Cty. Comm Action \ DHR. Division of Child Development 

Cindy G Geho v Human Resources. Division of Child Development 

Man, Ann Edge v DHR. Division of Child Development 

Kathleen G McBride v Dnision of Child Development 

Division of Fad lit)' Services 

Coreen Cames v DHR. Facility Svcs, Health Care Personnel Reg Sec 
Ava McKinney v DHR. Division of Facility Services 
Mercy Egbuleonu \ DHR. Facility Svcs. Health Care Personnel Reg Sec 
Mane Emma Wimbush v DHR. Division of Facility Services 
Mercy Egbuleonu \ Human Resources. Division of Facility Services 
Kizzie Cooper v DHR, Facility Svcs. Health Care Personnel Registry Sec 
Maggie J Bamhill \ DHR. Facility Svcs. Health Care Pers Reg Sec 
Emma Faison v DHR. Division of Facility Services 
Eugene Donald Caldwell v DHR, Division of Facility Services 
Patricia Addison \ DHR. Facility Svcs. Health Care Personnel Reg Sec 
Selena Louise Holley v DHR. Facility Svcs, Health Care PersI Reg Sec 
Shirley Ebron v DHR, Facilits Svcs, Health Care Pers Reg Sec 
Carolyn Forbes v DHR, Division of Facility Services 
Sally Hutchins v DHR, Division of Facility Services 
Claudia K Thomerson v DHR, Facility Svcs, Health Care Pers Reg Sec 
Janice Ann McClmton v DHR. Facility Svcs, Health Care Pers Reg Sec 
Michelle R GrifFin v DHR, Fac'ity Svcs, Health Care Pers Reg Sec 
Deborah L McBumiev DHR, hicility Svcs, Health Care Pers Reg Sec 
Kelly M Poole v DHR, Facility Svcs, Health Care Pers Reg Sec 
Debbie Williams v DHR. Fac Svcs . Health Care Pers Reg Sec 
Therese Victoria Wilson v DHR, Fac Svcs, Health Care Pers Reg Sec. 
Notisha Utiey v DHR. Fac Svcs. Health Care Pers Reg Sec 
Helen! Shokoti v Human Resources. Division of Facility Services 
Jen L Anderson v Human Resources. Division of Facility Services 
Susie A Milsap v. DHR. Facility Svcs. Health Care Pers Reg Sec 
Glenda Christine Taylor v DHR. Facility Svcs. Health Care Pers Reg Sec 
Maple Heights Rest Home, Inc. v, DFIR, Division of Facility Sen ices 



CASE 




NUMBER 


ALJ 


96EHR 1731 


Mann 


97EHR00I8 


Chess 


97EHR04I2 


Smith 


97EHR0643*-- 


Smith 


97 EHR 0644*" 


Smith 



DATE OF 
DECISION 



06/30/97 



09/1 2/97 
10/29/97 
10/29/97 



10/29/97 



Pl'BLISHED DECISION 
REGISTER CITATION 



96 DHR 0535 


Reillv 


11/06/97 


96 DHR 1543 


Chess 


09/12/97 


96 DHR 1925 


Reilly 


08/22/97 


97 DHR 0286 


Chess 


07/23/97 


97 DHR 0407 


Reillv 


08/08/97 


97 DHR 0424 


Morrison 


09/22/97 



97 DHR 0540 


Gray 


10/30/97 




97 DHR 0552 


Chess 


02/02/98 


12 17 NCR 168 


97 DHR 0610 


Mann 


08/28/97 




97 DHR 0616 


Chess 


01/29/98 




97 DHR 0652**' 


Reilly 


04/13/98 




97 DHR 0658 


Reilly 


07/22/97 




97 DHR 0829 


Phipps 


10/17/97 




97 DHR 0900 


Reilly 


08/15/97 




97 DHR 1255 


Mann 


02/04/98 




97 DHR 1345 


Mann 


02/18/98 




97 DHR 1454 


Gray 


12/19/97 




97 DHR 1455*-"' 


Reilly 


04/13/98 




97 DHR 1673 


Smith 


05/01/98 




97 DHR 0746 


Chess 


01/26/98 




97 DHR 0854 


Reilly 


02/12/98 




97 DHR 0921 


Phipps 


09/10/97 




97 DHR 0966 


Phipps 


08/29/97 




97 DHR 1067 


Phipps 


02/23/98 




97 DHR 1604 


Becton 


02/12/98 




96 DHR 2011 


Becton 


04/30/98 




96 DHR 2061 


Chess 


07/08/97 




97 DHR 01 72 


Becton 


07/16/97 




97 DHR 0296 


Morrison 


02/20/98 




97 DHR 0450 


Gray 


09/02/97 




97 DHR 0459 


Phipps 


06/09/97 




97 DHR 0465 


Gray 


07/30/97 




97 DHR 0471 


Gray 


07/15/97 




97 DHR 0480 


Gray 


10/10/97 




97 DHR 0521 


Mann 


07/25/97 




97 DHR 0524 


Phipps 


08/28/97 




97 DHR 0528 


Gray 


10/02/97 




97 DHR 0532*" 


Phipps 


12/18/97 




97 DHR 0547*" 


Phipps 


12/18/97 




97 DHR 0551 


Chess 


07/15/97 




97 DHR 0558 


Creech 


10/17/97 




97 DHR 0559 


Gray 


07/30/97 




97 DHR 0608 


Chess 


09/02/97 




97 DHR 0629 


Chess 


09/02/97 




97 DHR 0630 


Gray 


10/01/97 




97 DHR 0632 


Phipps 


08/25/97 




97 DHR 0646 


Phipps 


09/26/97 




97 DHR 0653 


Chess 


08/20/97 




97 DHR 0659 


Gray 


08/19/97 




97 DHR 0667 


Phipps 


08/25/97 




97 DHR 0681 


Gray 


08/29/97 




97 DHR 07 17 


Reilly 


10/16/97 





12:22 



NORTH CAROLINA REGISTER 



Mav 15, 1998 



2074 



CONTESTED CASE DECISIONS 



AGENCY 

Lisa Bullard \ DHR. Facilm Svcs. Health Care Pers Reg Sec 

Angela D Johnson \ DHR. Facilm S\cs. Health Care Pers Reg Sec 

Map. Ann Allen \ DHR. DiMsion of Facilm Services 

Cressie D Mears v DHR. Division of Facilm Sen ices 

Mane Emma Wimbush \ DHR. Facilm Svcs. Health Care Pers Reg Sec 

Maria Faye Baker \ DHR. Division of Facilm Services 

Himmeler Desvarieux \ DHR. Fac S\cs. Health Care Pers Reg Sec 

Tamara Green \ DHR. Fac Svcs. Health Care Pers Reg Sec 

Lachelle Ton\a Braswell \ DHR. DiMsion of Facilm Ser\ices 

Tom Washington \ DHR. Di\ ision of Facilm Services 

Lynn E Thorpe \ DHR. Division of Facility Sen. ices 

Sally Hutchins \ DHR. Division of Facilm Sen ices 

Carolyn Forbes \ DHR. Division of Facility Services 

Debra Burleson \ DHR. Division of Facility Services 

Jean Rossman \ DHR. Facility S\cs. Health Care Pers Reg. Sec 

Michelle McMahan v DHR. Division of Facilm Serv ices 

Brenda Fa\e Hams \ DHR. Facility S\cs. Health Care Pers Reg Sec 

Michelle McMahan \ DHR. Di\ ision of Facility Services 

Lorena Barbour \ DHR. Facility S\cs. Health Care Pers Reg Sec 

Angela Mae Whited \ DHR. Di\ ision of Facility Seri ices 

Francis B Morgans Dept of Health & Human Svcs . Dn of Facility Svcs 

Vitina Cockrane \ DHR. Facility S\cs. Health Care Pers Reg Sec 

Mary Susan McLean \ DHR. Fac Svcs. Health Care Pers Reg Sec 

Brenda Harper \ DHR. Division of Facility Sen ices 

Dons J Daniels \ DHR. Fac Svcs. Health Care Pers Reg Sec 

Robin Leigh Robinson \ DHR. Facility Svcs. Health Care Pers Reg Sec 

Genoal Blalock \ DHR. Division of Facility Sen ices 

Charlotte U'llhams \ DHR. Facility Svcs. Health Care Pers Reg Sec 

Stephanie L McKnight \ DHR. Division of Facility Senices 

.Manna Devon Stinson v Depl Health & Human Svcs. Div/Facilm Svcs 

Francis B Morgans Dept of Health & Human Svcs . Div of Facility S\cs 

Angela Lynn Barbour \ DHR. Facility Svcs. Health Care Pers Reg Sec 

Pearlie W Lauson v, Dept 'Health & Human Svcs . Di\ /Facility S\cs 

Janet M Jenkins v Dept/Health &. Human Svcs . Div /Facility Svcs 

Lachelle T. Braswell v DHR. Facility Svcs. Health Care Pers Reg Sec 

Certificate of Meed Section 
Carolina Imaging. Inc/Fayeneville \ DHR. Facility Svcs. CenTMeed Sec 
and 

Cumberland Cty Hospital System. Inc . d/b/a Cape Fear Valley Med Ctr 
Catawba Memorial Hospital \ DHR. Facility S\cs. Cenitlcate/'Need Sec 
Bio-Medical .^Xpplications of NC. Inc . d/b/a BM.A of Concord AVa 

Metrolina ls.idne> Center of Concord (Lessee) and Concord Nephrology 

Associates (Lessor) \ DHR. Division of Facility Senices. Certificate of 

Need Section 
and 

Dialysis Care of NC. LLC d/b/a Dialysis Care of Rowan County 
Lvnnhaven VL LLC. d/b/a Glen .Alphine Health and Rehabilitation Center 

V DHR. Facility S\cs . Certificate of Need Section 
and 

Burke Health Investors. LLC d^/a Burke Health Care Center, and 

Carolina Health Care Center of Burke. LLC 
Burke Health Investors. LLC d/b/a Burke Health Care Center \ DHR. 

Facility Svcs . Cemficate of Need Section 
and 

Lsnnhaven VL LLC. d/b/a Glen .■\lphine Health and Rehabilitation 

Center, and Carolina Health Care Center of Burke. LLC 
Healthprime. inc \ DHR. Dl\ of Facility Svcs,. 

Certitlcate of Need Section 

Liberty Healthcare Sen ices. LLC 

Johnston Health Care Center. LLC 
Johnston Health Care Center. L L C v DHR, Div of Facility Svcs , 

Cemficate of Need Section 

Liberty Healthcare Senices. L L C. 

Healthpnme. Inc 



CASE 




DATE OF 


PI BLISHED DECISION 


M MBER 


ALJ 


DECISION 


REGISTER CIT.^TION 


97 DHR 0721 


Chess 


10/09/97 




97 DHR 0723 


Chess 


08/06/97 




97 DHR 0739 


Chess 


01/13/98 




97 DHR 0793 


Chess 


08/21/97 




97 DHR 0797 


Phipps 


08/25/97 




97 DHR 0805 


Phipps 


01/23/98 




97 DHR 08 18 


Gray 


10/24/97 




97 DHR 0824 


Becton 


09/29/97 




97 DHR 0826 


Morrison 


12/17/97 




97 DHR 0847 


Phipps 


12/10/97 




97 DHR 0865 


Chess 


01/13/98 




97 DHR 0871 •" 


Phipps 


12/18/97 




97 DHR 0899"' 


Phipps 


12/18/97 




97 DHR 0904 


Phipps 


12/11/97 




97 DHR 0908 


Smith 


09/02/97 




97 DHR 091 5*-* 


Mann 


11/13/97 




97 DHR 0938 


Morrison 


10/03/97 




97 DHR 0960*-* 


Mann 


11/13/97 




97 DHR 0999 


Phipps 


09/11/97 




97 DHR 1029 


Becton 


12/10/97 




97 DHR 1059*"' 


Chess 


04/07/98 




97 DHR 1066 


Chess 


10/15/97 




97 DHR 1091 


Morrison 


10/21/97 




97 DHR 1118 


Gray 


02/02/98 




97 DHR 1126 


Gray 


10/27/97 




97 DHR 1169 


Phipps 


10/31/97 




97 DHR 1193 


Gray 


02/12/98 




97 DHR 1274 


Mann 


02/05/98 




97 DHR 1309 


Becton 


01/23/98 




97 DHR 1402 


Chess 


04/16/98 




97 DHR 1456*" 


Chess 


04/07/98 




97 DHR 1458 


Phipps 


01/07/98 




98 DHR 0048 


Gray 


03/10/98 




98 DHR 0218 


Gra\ 


04/14/98 




98 DHR 0402 


Smith 


04/27/98 




96 DHR 1570 


Phipps 


06/24/97 


12:02 NCR 95 


97 DHR 0626 


Phipps 


02/19/98 




97 DHR 0790 


Morrison 


03/27/98 





97 DHR 0925'" Smith 



97 DHR 0933*" Smith 



97 DHR 1079*"- Reilly 



97 DHR 1081*"- ReilK 



02/13/98 



02/13/98 



04/14/98 



04/14/98 



Group Licensure Section 
JetTress Famih Care #2 \ DHR. Facility Svcs Group Licensure Section 

Division of Medical Assistance 

Dilladys Renee Stover \ DHR. Division of Medical .Assistance 
Bettve Parson Tambra Parson \ DHR. Div of Medical .Assistance 
Robert D & Ronda M Staton v DHR. Di\ of Medical .Assistance 



97 DHR 0259 


Mann 


06/17/97 


97 DHR 0560 


Mann 


09/16/97 


97 DHR 0656 


Becton 


08/12/97 


97 DHR 0660 


Smith 


09/05/97 



2075 



NORTH CAROLINA REGISTER 



May 15, 1998 



12:22 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
Nl'MBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Division of Social Services 

Child Support Enforcement Section 
Dale P Sprinkle v Guilford Child Support Agency, Human Resources 
Steven Van Linker v Depanment of Human Resources 
Michael R Bryant v Department of Human Resources 
David Lee Chamblee Jr v Department of Human Resources 
John W Scott v Department of Human Resources 
Charles F HaagJr v. Department of Human Resources 
Michael T Swann v Department of Human Resources 
Wayne Degree v Department of Human Resources 
Ted WaNTie Lamb v Department of Human Resources 
Wilford J Lackey v Department of Human Resources 
Jeffrey Grainger v Department of Human Resources 
Tollie Woods v Department of Human Resources 
Fred Edward StatTord v Department of Human Resources 
Joseph R Grooms Jr v Department of Human Resources 
David N Jarrett v Department of Human Resources 
Warren S Olson v Department of Human Resources 
Stanley A Watson v Department of Human Resources 
Michael A. Isom v Depanment of Human Resources 
Rafael L Garcia v Depanment of Human Resources 
Justin M Woazeah, Sr v Department of Human Resources 
Johnny R. Holden v Department of Human Resources 
Calvin F Mizelle v Department of Human Resources 
Tommy Lee Clark v Department of Human Resources 
Ander L Garfield \ Department of Human Resources 
Clarence O Rams v Department of Human Resources 
Jeremy Baker v Department of Human Resources 
William T Harris V Department of Human Resources 
Hal C Morgan, Jr v. Depanment of Human Resources 
Pauls Clomngerx Department of Human Resources 
Edward Stuteville \ Department of Human Resources 
Tony Peterson, Jr v Department of Human Resources 
Lee G Sanders Jr \ Department of Human Resources 
David Fraizer V Department of Human Resources 
David Fraizer v Department of Human Resources 
David Hobson v Department of Human Resources 
Paul Douglas Crone v Department of Human Resources 
Christopher A, Abney v Department of Human Resources 
JetTrey L Schrader v Department of Human Resources 
John T Spidell v Department of Human Resources 
Robert M Starling. Sr \ Department of Human Resources 
Judson T Whitehurst V Department of Human Resources 
Man L Ross \ Department of Human Resources 
Mary L, Owen v Department of Human Resources 
Kenneth Weldon v Department of Human Resources 
Craig Venson v Depanment of Human Resources 
David Scott Jordan v Department of Human Resources 
Gar\ Lee Heafner Sr \ Department of Human Resources 
Lee R Jones v Department of Human Resources 
Rocky R Chaudhry v Department of Human Resources 
James T Watson v Department of Human Resources 
Cecil Hall v Department of Human Resources 
Lorenzo Shaw \ Department of Human Resources 
Vincent Ritter \ Department of Human Resources 
Harold Ray Annstrongjr v Depanment of Human Resources 
Neil G McGilberry V Department of Human Resources 
Ronald Gray v. Depanment of Human Resources 
Gregorys Wolhen v Department of Human Resources 
William E Daley Jr v Wake County Child Support Enforcement 
Dennis Larson v Department of Human Resources 
Eric L. Harnngton v Department of Human Resources 
Paul F. Gangemi, Sr v Depanment of Human Resources 
Scott M Rodriguez v Department of Human Resources 
James Withers v Department of Human Resources 
Evalina R Oxendine v Department of Human Resources 
Phillip R Banner V Department of Human Resources 
Brian K Norfleet v Craven Counrv Child Support Office 
Kenneth A Sayle v Department of Human Resources 



96CRA 1171 


Gray 


08/13/97 


%CRA 1250*- 


Becton 


07/11/97 


96CRA1252 


Phipps 


08/11/97 


96CRA 1281 


Morrison 


06/16/97 


96CRA 1287 


Becton 


10/09/97 


96CRA 1289 


Phipps 


02/26/98 


96CRA 1326 


Chess 


06/04/97 


96CRA 1357 


Phipps 


02/13/98 


96CRA 1359 


Grav 


07/10/97 


96CRA 1367*'" 


Chess 


02/17/98 


96CRA 1376 


Reilly 


08/14/97 


96CRA 1348*" 


Morrison 


08/04/97 


96CRA 1407*'" 


Reilly 


08/21/97 


96CRA 1434 


Phipps 


11/18/97 


96CRA 1438 


Morrison 


07/10/97 


96CRAI440 


Phipps 


09/09/97 


96CRA 1448*'" 


Reilly 


08/21/97 


96CRA 1450 


Becton 


07/11/97 


96CRA 1451 


Becton 


09/11/97 


96CRA 1452*" 


Chess 


07/22/97 


96CRA 1463 


Mann 


10/16/97 


96CRA 1476 


Chess 


07/07/97 


96CRAI477 


Phipps 


08/13/97 


96CRA I479*"' 


Morrison 


07/15/97 


96CRA 1482 


Reilly 


08/21/97 


96CRAI491*=" 


Smith 


09/05/97 


96CRA 1492 


Mann 


11/18/97 


96CRA 1500 


Smith 


09/05/97 


96CRAI502 


Becton 


09/11/97 


96CRA 1507*" 


Mann 


08/13/97 


96CRA 1513 


Gray 


1 0/02/97 


96CRA 1515 


Reilly 


09/11/97 


96CRA 1519*'" 


Chess 


07/18/97 


96CRA 1520*'" 


Chess 


07/18/97 


96CRA1522*" 


Phipps 


07/24/97 


96CRA 1550 


Morrison 


02/09/98 


96CRA 1551 


Reilly 


12/08/97 


96CRA 1564 


Reilly 


02/04/98 


96CRA 1567 


Smith 


09/05/97 


96 CRA 1 598*-" 


Chess 


11/03/97 


96CRA 1635 


Phipps 


01/13/98 


96 CRA 1640 


Phipps 


02/13/98 


96 CRA 1641 


Chess 


04/24/98 


96 CRA 1 642 


Phipps 


02/20/98 


96 CRA 1647 


Morrison 


12/03/97 


96 CRA 1673 


Reilly 


07/18/97 


96 CRA 1683 


Gray 


04/08/98 


96 CRA 1720*-' 


Phipps 


07/10/97 


96 CRA 1724 


Morrison 


12/17/97 


96 CRA 1740 


Becton 


04/20/98 


96 CRA 1749*" 


Mann 


07/10/97 


96 CRA 1754 


Gray 


02/06/98 


96 CRA 1756 


Becton 


04/17/98 


96 CRA 1762 


Gra\ 


02/10/98 


96 CRA 1767*" 


Becton 


07/15/97 


96 CRA 1 778 


Chess 


02/03/98 


96 CRA 1782 


Mann 


11/18/97 


96 CRA 1789 


Reilly 


09/25/97 


96 CRA 1793 


Chess 


06/17/97 


96 CRA 1794 


Mann 


07/19/97 


96 CRA 1 809 


Gray 


08/13/97 


96 CRA 1818'' 


Gray 


06/25/97 


96 CRA 1820 


Reilly 


07/24/97 


96 CRA 1 825 


Gray 


09/10/97 


96 CRA 1826*-' 


Gray 


09/24/97 


96 CRA 1846 


Phipps 


10/02/97 


96 CRA 1857 


Gray 


01/16/98 



Consolidated Cases. 



12:22 



NORTH CAROLINA REGISTER 



Mav 15, 1998 



2076 



CONTESTED CASE DECISIONS 



AGENO 

Richard H Reist \ Department of Human Resources 

Laurence Anhur Beebe \ Depanment of Human Resources 

Patrick Orlando Crump \ Department of Human Resources 

Ronald L Hadles v Depanment of Human Resources 

Garland M Jessup v Guilford Count\ Child Suppon Enforcement 

Anthony LeMar III v Department of Human Resources 

Willie C McRae Jr v Department of Human Resources 

Michael A Norman v Department of Human Resources 

Logan Broun v Department of Human Resources 

Walter Hawk v Department of Human Resources 

Kevin L Combs v Depanment of Human Resources 

Carolyn Flo>d-Robinson \ Depanment of Human Resources 

Sanford Tyler \ Depanment of Human Resources 

Jonah F Fuller v Depanment of Human Resources 

Eugene E Stone v Depanment of Human Resources 

Johnny Lewis Fields \ Department of Human Resources 

Charles W Sueatt\ Department of Human Resources 

Milton E Southerland \ Depanment of Human Resources 

Michael Elliot Wood \ Department of Human Resources 

Roger G. Foster \ Department of Human Resources 

Charlie T. Smith v Department of Human Resources 

Joseph Davis v Department of Human Resources 

Joseph Michael Eubanks v Department of Human Resources 

Vonzell Barker v Department of Human Resources 

Charles F King \ Department of Human Resources 

AC Nash V Depanment of Human Resources 

Curtis Bnslol Self v Depanment of Human Resources 

Ronald Alton Neal \ Department of Human Resources 

Danny Ray Can \ Department of Human Resources 

Tony Hollingswonh \ Department of Human Resources 

Charles E Hunt v Depanment of Human Resources 

Oregon. A Dodson v Department of Human Resources 

Fonda D McSwain v Depanment of Human Resources 

Kenneth A Ingle \ Depanment of Human Resources 

Norman L Gatewood v Department of Human Resources 

Lane Bolton \ Depanment of Human Resources 

Monty G Cox v Randolph Counts Child Suppon Enforcement Agency 

Steven Van Linker \ Department of Human Resources 

Barry Tukes Sr \ C S E 

Monty G Cox v Randolph County Child Suppon Enforcement Agency 

Hamet Tolson \ Department of Human Resources 

John W, Scott V Department of Human Resources 

Edgar C. Lewis. Jr v Depanment of Human Resources 

Willie L- Berry v Department of Human Resources 

Tony Orlando Steele \ Department of Human Resources 

Carl Locklear v Depanment of Human Resources 

Tollie Woods v Depanment of Human Resources 

James Earl McLellan \ Depanment of Human Resources 

WilfordJ Lackey \ Department of Human Resources 

Charles L Raynor \ Depanment of Human Resources 

Robert Walker v Intercept Tax Refunds 

Chris M Wilson V Depanment of Human Resources 

Fred Edward Stafford \ Department of Human Resources 

Richard K Blisard \ Department of Human Resources 

Stanley A- Watson \ Depanment of Human Resources 

Justin M- Woazeah. Sr v Department of Human Resources 

William A Underbill \ Department of Human Resources 

Almiron J Deis \ Department of Human Resources 

Jeremy Baker v Depanment of Human Resources 

Alfred Clinton Spnngs v Depanment of Human Resources 

Ander L Garfield \ Department of Human Resources 

Uhsses Hams v Nash County Child Support OtTice and Human Resources 

Diego Arboleda \ Depanment of Human Resources 

Edward Stuteville \ Depanment of Human Resources 

Gerald A Jones \ Department of Human Resources 

Da\ id Hobson v Department of Human Resources 

Gregors D Simpson \ Depanment of Human Resources 

Carl E ColTey V Depanment of Human Resources 

Donald Ray Archie v Department of Human Resources 

John T Spidell \ Depanment of Human Resources 

John W Liverman V Depanment of Human Resources 

John H Hale. Jr \ Depanment of Human Resources 

Vincent L Manin v Depanment of Human Resources 

Harlie Leonard Hardison \ Department of Human Resources 



CASE 




DATE OF 


PI BLISHED DECISION 


MMBER 


AU 


DECISIG.N 


REGISTER CIT.\TIO.N 


96CRA 1859 


Reilly 


10/21/97 




96 CRA 1 863 


Becton 


12/16/97 




96CRA 1866*'- 


Gra\ 


08/18/97 




96 CRA 1 892 


Reil'ly 


07/18/97 




96 CRA 1 898 


Becton 


07/11/97 




96 CRA 1905 


Smith 


09/05/97 




96 CRA 1906»-" 


Becton 


04/29/98 




96CR.'\ 1915 


Gra\ 


09/24/97 




96 CRA I939»'" 


Reilly 


02/20/98 




96 CRA 1943 


Phipps 


08/13/97 




96 CRA 1948 


Reilh 


12/08/97 




96 CRA 1984 


Smith 


02/04/98 




96 CRA 2027 


Phipps 


02/26/98 




96 CRA 2069 


Mann 


03/24/98 




96 CRA 2070 


Morrison 


02/04/98 




96 CRA 2085*-- 


Smith 


10/02/97 




96 CRA 2088 


Phipps 


02/04/98 




97 CR.'^ 0014*" 


Morrison 


04/24/98 




97 CRA 0036 


Chess 


02/06/98 




97 CRA 0043 


Phipps 


06/19/97 




97 CRA 0280 


Reilly 


06/16/97 




97 CRA 0436*" 


Phipps 


08/11/97 




97 CRA 0477 


Reilly 


07/18/97 




97 CR.^ 0620 


Becton 


08/12/97 




97 CR.^ 0720 


Reilly 


07/30/97 




97 CRA 0788 


Gray 


09/10/97 




97 CRA 0974 


Mann 


11/19/97 




97 CRA 1020 


Becton 


10/23/97 




97 CRA 1160 


ReilK 


12.08/97 




97 CRA 1363 


Gray 


01/13/98 




97 CRA 1418 


Mann 


02/23/98 




97CR.'\ 1471 


Smith 


02/09/98 




97CR.'>v 1509 


Momson 


02/09/98 




97 CRA 1714 


Chess 


09/25/97 




96 CSE 0484 


Chess 


09/23/97 




96CSE 1220 


Reilly 


08/21/97 




96 CSE I235*'" 


Becton 


08/12/97 




96 CSE 1249*- 


Becton 


07/11/97 




96 CSE 1277 


Mann 


07/01/97 




96CSEI278*'" 


Becton 


08/12/97 




96 CSE 1280 


Reilly 


08/21/97 




96 CSE 1286 


Becton 


10/09/97 




96 CSE 1299 


Mann 


08/20/97 




96 CSE 1319 


Gray 


06/25/97 




96 CSE 1337 


Mann 


06/30/97 




96 CSE 1338 


Mann 


07/07/97 




96 CSE 1340*» 


Momson 


08/04/97 




96 CSE 1358 


Mann 


10/16/97 




96 CSE 1366*" 


Chess 


02/17/98 




96 CSE 1382 


Becton 


07/11/97 




96 CSE 1384 


Momson 


07/24/97 




96 CSE 1403 


Momson 


09/25/97 




96 CSE 1406*" 


Reilly 


08/21/97 




96 CSE 1446 


Mann 


10/22/97 




96 CSE 1449*' ■ 


ReilK 


08/21/97 




96 CSE 1453*" 


Chess 


07/22/97 




96 CSE 1455 


Mann 


07/1 8/97 




96 CSE 1456 


Gray 


06/25/97 




96 CSE 1460*-" 


Smith 


09/05/97 




96 CSE 1473 


Reilly 


08/21/97 




96 CSE 1480*- 


Momson 


07/15/97 




96 CSE 1488 


Becton 


10/14/97 




96 CSE 1495 


Smith 


03/16/98 




96 CSE 1508*" 


Mann 


08/13/97 




96 CSE 1512 


Becton 


09/11/97 




96 CSE 1521* 


Phipps 


07/24/97 




96 CSE 1527 


Reilh 


06/25/97 




96 CSE 1528 


Reilly 


09/24/97 




96 CSE 1558 


Becton 


07/11/97 




96 CSE 1566 


Smith 


09/05/97 




96 CSE 1568 


Becton 


07/11/97 




96 CSE 1573 


Mann 


10/22/97 




96 CSE 1574 


Gray 


08/04/97 




96 CSE 1578 


Becton 


08/25/97 





2077 



NORTH CAROLINA REGISTER 



May 15, 1998 



12:22 



CONTESTED CASE DECISIONS 



AGENCY 

Alton Washington v DHR and Robeson Counts- Child Support Enf Agcy 

Robert M Starling. Sr v Department of Human Resources 

David Fraizer v Department of Human Resources 

Golet Holloway. Jr v Depanment of Human Resources 

Jeffre\ Pierce v Department of Human Resources 

Patrick Orlando Crump v Department of Human Resources 

Crystal Lynn Manring-Robertson v Forsyth County CSE. DSS & DHR 

William C Rivera v Department of Human Resources 

Levi Brothers Jr v. Department of Human Resources 

David L Smith v, DHR. DSS. CSE and Sampson County CSE 

Lenora McCracken v Department of Human Resources 

Donald Lee Rodgers Sr v Rowan County CSE. DHR. DSS. CSE 

Derrick Sturdi\ant v Depanment of Human Resources 

Clyde Williams v DHR. DSS. CSE. and Pitt County CSE 

Lee R Jones v Departmentof Human Resources 

JefTrey S Seals v Department of Human Resources 

Cecil Hall v Department of Human Resources 

Gregory Melton v Department of Human Resources 

Neil G McGilbeny \ Depanment of Human Resources 

Devin J Bello V Depanment of Human Resources 

Phillip R Banner V Depanment of Human Resources 

Scott M Rodriguez \ Depanment of Human Resources 

James Withers v Department of Human Resources 

David M. Greene v Buncombe Count\ CSE and DHR. DSS. CSE 

Jarmarle Arnold v Department of Human Resources 

Sean Heitz v Department of Human Resources 

Nathan S Lockhan Sr v Depanment of Human Resources 

Scott James Petrill \ Department of Human Resources 

Daniel E Carpenters Department of Human Resources 

Logan Brown \ Depanment of Human Resources 

Daniel D Morse v Department of Human Resources 

Dan. I E Shankle v Child Support Enforcement Agency 

Kevin R Thomas v Department of Human Resources 

Jeffrey William Strama v Department of Human Resources 

Joseph Fernandez v Department of Human Resources 

Lany A Langston v Department of Human Resources 

Johnny Lewis Fields v Department of Human Resources 

Alfred Covington v DHR, DSS. CSE and Burke Counts CSE 

Milton E Southerland v Department of Human Resources 

Tommy L Mines Sr v Forsvlh County Child Support Enforcement 

Kelvin C\\em v DHR. DSS. CSE. Durham Ct\ CSE and Wake Cty CSE 

Penny Parham \ Department of Human Resources 

Penny Parham v Department of Human Resources 

Irvan Jemal Fontenot v Department of Human Resources 

Pearlie Blakney v Department of Human Resources 

Leros Grooms \ Depanment of Human Resources 

Sarah Chambers v Department of Human Resources 

Lerov Grooms \ Department of Human Resources 

Pedro Baltazar Jocobo \ Depanment of Human Resources 

Theodore McCleese v Department of Human Resources 

Gertru Jefferson Ward \' Department of Human Resources 

James Allen Hams v Department of Human Resources 

John C Henderson v Department of Human Resources 

William A Rogers v Department of Human Resources 

Mark R Kearney v Depanment of Human Resources 

Michael J Powell \ Department of Human Resources 

Joseph Davis v Department of Human Resources 

James G Davis v Depanment of Human Resources 

Randy Gavumik \'. Department of Human Resources 

Curtis Leon Mock v Depanment of Human Resources 

Daniel E Carpenter v Department of Human Resources 

Juan L Allen V Depanment of Human Resources 

Donald Mac Tipton v Depanment of Human Resources 

Gu> R Auger v Brunswick County Child Support Enforcement 

Andrew J Hough v Department of Human Resources 

Michael V Dockery v Department of Human Resources 

William Irving Commodore \ Department of Human Resources 

David F Norman V Department of Human Resources 

Richmond P Lambert HI v Department of Human Resources 

Can in Ray Bums v Depanment of Human Resources 

Mar F Jones v Department of Human Resources 

Sharton S Chappell v Department of Human Resources 

Denis J Quinn V Department of Human Resources 

Franklin DeAngelo Staten v Department of Human Resources 



CASE 




DATE OF 


NUMBER 


AU 


DECISION 


96 CSE 1597 


Becton 


10/13/97 


96 CSE 1605*" 


Chess 


11/03/97 


96 CSE 1610*'" 


Chess 


07/18/97 


96 CSE 1611 


Becton 


07/11/97 


96 CSE 1613 


Mann 


06/30/97 


96 CSE 1614'" 


Gray 


08/1 8/97 


96 CSE 1619 


Becton 


10/13/97 


96 CSE 1622 


Mann 


06/18/97 


96 CSE 1630 


Chess 


02/03/98 


96 CSE 1639 


Becton 


10/13/97 


96 CSE 1644 


Mann 


06/30/97 


96 CSE 1667 


Becton 


10/13/97 


96 CSE 1672 


Chess 


10/09/97 


96 CSE 1688 


Becton 


10/13/97 


96 CSE 1719*' 


Phipps 


07/10/97 


96 CSE 1744 


Gray 


02/10/98 


96CSE1750*' 


Mann 


07/10/97 


96 CSE 1764 


Momson 


09/17/97 


96 CSE 1 766'" 


Becton 


07/15/97 


96 CSE 1774 


Phipps 


07/16/97 


96 CSE 1802'-' 


Gray 


09/24/97 


96 CSE 1817*' 


Gray 


06/25/97 


96 CSE 1821 


Reiily 


08/21/97 


96 CSE 1844 


Becton 


10/06/97 


96 CSE 1853 


Becton 


10/14/97 


96 CSE 1909 


Chess 


07/22/97 


96 CSE 1910 


Phipps 


07/16/97 


96 CSE 1914 


Momson 


07/30/97 


96 CSE 1917*'= 


Phipps 


07/25/97 


96 CSE 1920*'" 


Reilly 


02/20/98 


96 CSE 1942 


Chess 


08/19/97 


96 CSE 1977 


Becton 


07/11/97 


96 CSE 1988 


Phipps 


02/13/98 


96 CSE 2043 


Becton 


07/11/97 


96 CSE 2066 


Chess 


08/21/97 


96 CSE 2083 


Reilly 


03/23/98 


96 CSE 2084*- 


Smith 


10/02/97 


96 CSE 2086 


Becton 


10/06/97 


97 CSE 0013*"' 


Momson 


04/24/98 


97 CSE 001 5 


Reilly 


07/18/97 


97 CSE 0027 


Becton 


10/13/97 


97 CSE 0048*-'- 


Chess 


04/23/98 


97 CSE 0049*-'- 


Chess 


04/23/98 


97 CSE 0223 


Becton 


07/11/97 


97 CSE 0254 


Phipps 


07/24/97 


97 CSE 0258*' 


Becton 


07/18/97 


97 CSE 0278 


Momson 


06/16/97 


97 CSE 0297*' 


Becton 


07/18/97 


97 CSE 0339 


Mann 


10/22/97 


97 CSE 0353 


Momson 


08/05/97 


97 CSE 0381 


Chess 


08/22/97 


97 CSE 0401 


Mann 


10/16/97 


97 CSE 0408 


Smith 


09/05/97 


97 CSE 0410 


Gra\ 


06/25/97 


97 CSE 0417 


Reiily 


08/07/97 


97 CSE 041 8 


Becton 


08/12/97 


97 CSE 0435*'* 


Phipps 


08/11/97 


97 CSE 0448 


Gray 


07/28/97 


97 CSE 0454 


Momson 


08/04/97 


97 CSE 0490 


Mann 


06/17/97 


97 CSE 0501*'= 


Phipps 


07/25/97 


97 CSE 0550 


Smith 


09/05/97 


97 CSE 0564 


Gray 


09/15/97 


97 CSE 0600 


Momson 


07/18/97 


97 CSE 061 5 


Reilly 


08/21/97 


97 CSE 0642 


Mann 


10/03/97 


97 CSE 0671 


Mann 


10/03/97 


97 CSE 0672 


Gray 


07/28/97 


97 CSE 0712 


Momson 


10/06/97 


97 CSE 0751 


Becton 


09/1 1/97 


97 CSE 0777 


Phipps 


08/28/97 


97 CSE 0789 


Momson 


12/04/97 


97 CSE 0794 


Reilly 


09/24/97 


97 CSE 0822 


Momson 


11/06/97 



PUBLISHED DECISION 
REGISTER CITATION 



12:22 



NORTH CAROLINA REGISTER 



May 15, 1998 



2078 



CONTESTED CASE DECISIONS 



AGENCY 

Joseph L Hill \ Depanment of Human Resources 
Roosevelt Alston \ Department of Human Resources 
Steve E Young v Depanment of Human Resources 
James Alan Letchuorth \ Department of Human Resources 
Nathaniel D Caner \ Depanment of Human Resources 
Dennis W Clowers v Depanment of Human Resources 
Tracs A Memll \ Department of Human Resources 
Randv Shass \ Depanment of Human Resources 
Daniel J McDouell v Depanment of Human Resources 
Enrico Phineas Acher \ Depanment of Human Resources 
Roger Waldren \ Department of Human Resources 
Rand> Allen Vore \ Department of Human Resources 
Ramona G Ganett % Department of Human Resources 
Mertitta A Grant \ Department of Human Resources 
James D Cozad \ Department of Human Resources 
TonvaM Kenneds \ Depanment of Human Resources 
Alan M Greenberg \ Department of Human Resources 
Judson T Whitehursi \ Department of Human Resources 
Johnnv Ho\le Marsh Jr v Department of Human Resources 
V\ alter McNeil \ Department of Human Resources 
Montez Lower. % Department of Human Resources 
James H. Riggs v Department of Human Resources 
Derek W Henslee \ Department of Human Resources 
Bumen D Hunter Jr \ Department of Human Resources 
Jacobs Haught v Depanment of Human Resources 
Ke\ m Scott Tate v Depanment of Human Resources 
Ronald D Toomer\ Department of Human Resources 
Teresa D Ricketts \ Department of Human Resources 
Johnnie L Johnson v Department of Human Resources 
Gerald Scott Saucier \ Department of Human Resources 
Glenn O Greene v Department of Human Resources 
JaniaO EarK v Department of Human Resources 
Willie Ra> McClendon v Department of Human Resources 
Robert L Price. Jr \ Department of Human Resources 
Michael Shine \ Department of Human Resources 
Lonnie Woodlev. Jr \ Depanment of Human Resources 
George J Koz\kowski Jr v Depanment of Human Resources 
Johnn> Lee Bartlett Jr \ Depanment of Human Resources 
Charlotte K Rodriguez v Department of Human Resources 
Charles Flo\d Flowers \ Department of Human Resources 
Michael A Wright \ Department of Human Resources 
Rickev Knotts v Department of Human Resources 
Lisa S Pnvette V Department of Human Resources 
Christopher McNeill \ Department of Human Resources 
Donald Monroe \ Department of Human Resources 
Chuen Phoutinan v Deparmient of Human Resources 
Sinclair Bennett \ Department of Human Resources 
Kenneth Wavne Houell \ Department of Human Resources 
Gregor> P Hublitz v Department of Human Resources 
William F Dnscoll v Department of Human Resources 
David L Darnell \ Department of Human Resources 
Leon McNairv Depanment of Human Resources 
Ronald Castillo \ Department of Human Resources 
Herberto Garcia \ Department of Human Resources 
Bret D Burtrum v Department of Human Resources 
Crosb> Faulk V Depanment of Human Resources 
Todd Watkins \ Depanment of Human Resources 
Edouard Wesl> Piene \ Department of Human Resources 
CarlaC Abee \ Department of Human Resources 
James E Gallagher Jr \ Department of Human Resources 
Wa\ne Deross v Department of Human Resources 
Tons Lee Milton % Department of Human Resources 
Kenneths Lintz \ Depanment of Human Resources 
Curtis T Broun v Department of Human Resources 
Elvin V Marlev \ Department of Human Resources 
Kevin E Miller v Department of Human Resources 
Jeflfrev D B\Td \ Department of Human Resources 
Davin D Pnde v Department of Human Resources 
Aubrev L- Clinch % Department of Human Resources 
Robert B Ne\\kirklll\ Department of Human Resources 
Charles Steuan v Department of Human Resources 
Kenneth B Smiths Department of Human Resources 
Anthonv T McKnight \ Department of Human Resources 
Eldon Charles Runge \ Department of Human Resources 



CASE 




DATE OF 


MMBER 


ALJ 


DECISION 


97 CSE 0830 


Smith 


04/17/98 


97CSE0874 


Phipps 


01/14/98 


97 CSE 0876 


Mann 


12/04/97 


97 CSE 0919 


ReilK 


12/08/97 


97 CSE 0931 


Smith 


09/25/97 


97 CSE 0944 


Becton 


09/11/97 


97 CSE 0947 


Phipps 


11/18/97 


97 CSE 0981 


Gra\ 


12/11/97 


97 CSE 0984 


Momson 


09/10/97 


97 CSE 0990 


Reillv 


11/05/97 


97 CSE 1042 


Chess 


10/13/97 


97 CSE 1071 


Mann 


10/07/97 


97 CSE 1108 


Momson 


12/04/97 


97 CSE 1119 


Becton 


04/27/98 


97 CSE 1296 


Reilly 


02/20/98 


97 CSE 1305 


Smith 


03/02/98 


97 CSE 1311 


Smith 


12/08/97 


97 CSE 1312 


Becton 


02/20/98 


97 CSE 1314 


Smith 


02/09/98 


97 CSE 1324 


Becton 


09/11/97 


97 CSE 1352 


Smith 


02/19/98 


97 CSE 1353 


Becton 


04/06/98 


97 CSE 1354 


Grav 


03/02/98 


97 CSE 1355 


Momson 


02/20/98 


97 CSE 1356 


ReilK 


02/23/98 


97 CSE 1358 


Mann 


02/24/98 


97 CSE 1359 


Chess 


03/13/98 


97 CSE 1360 


Smith 


03/02/98 


97 CSE 1361 


Smith 


03/02/98 


97 CSE 1364 


Becton 


02/19/98 


97 CSE 1375 


Becton 


02/10/98 


97 CSE 1376 


Momson 


02/27/98 


97 CSE 1377 


Grav 


03/02/98 


97 CSE 1379 


ReilK 


02/20/98 


97 CSE 1394 


Smith 


03/31/98 


97 CSE 1396 


Chess 


03/18/98 


97 CSE 1397 


Phipps 


01/13/98 


97 CSE 1398 


Mann 


02/03/98 


97 CSE 1412 


Momson 


03/18/98 


97 CSE 1422 


Phipps 


04/24/98 


97 CSE 1423 


Momson 


04/03/98 


97 CSE 1432 


Momson 


03/24/98 


97 CSE 1433 


Grav 


02/23/98 


97 CSE 1434 


Reillv 


02/11/98 


97 CSE 1449 


Grav 


02/02/98 


97 CSE 1451 


Reiiu 


04/30/98 


97 CSE 1465 


Chess 


04/23/98 


97 CSE 1466 


Phipps 


03/20/98 


97 CSE 1468 


Gra\ 


02/10/98 


97 CSE 1469 


Momson 


02/02/98 


97 CSE 1470 


Reilly 


03/12/98 


97 CSE 1472 


Becton 


03/13/98 


97 CSE 1475 


Mann 


03/13/98 


97 CSE 1477 


Momson 


02/02/98 


97 CSE 1478 


ReilK 


03/12/98 


97 CSE 1484 


Mann 


03/24/98 


97 CSE 1485 


Grav 


03/12/98 


97 CSE 1487 


Reiih 


03/12/98 


97 CSE 1488 


Smith 


04/03/98 


97 CSE 1494 


Phipps 


03/12/98 


97 CSE 1500 


Grav 


02/02/98 


97 CSE 1501 


Momson 


03/12/98 


97 CSE 1 502 


ReilK 


03/12/98 


97 CSE 1504 


Becton 


03/13/98 


97 CSE 1505 


Chess 


03/13/98 


97 CSE 1506 


Phipps 


02/20/98 


97 CSE 1507 


Mann 


03/13/98 


97 CSE 1 508 


Gra\ 


02/23/98 


97 CSE 1510 


Becton 


04/24/98 


97 CSE 1511 


Smith 


03/02/98 


97 CSE 1519 


Smith 


04/03/98 


97 CSE 1520 


Becton 


02/02/98 


97 CSE 1522 


Phipps 


03/12/98 


97 CSE 1525 


Momson 


05/01/98 



PI BLISHED DECISION 
REGISTER CITATION 



2079 



NORTH CAROLINA REGISTER 



May 15, 1998 



12:22 



CONTESTED CASE DECISIONS 



AGENO 

Larry Eugene Harbaugh v Department of Human Resources 
David A Strealer v Department of Human Resources 
Philip Scott Novak v Department of Human Resources 
Lee David Bonacum v Departinent of Human Resources 
David S McCullar v. Department of Human Resources 
Dominique Evans V Department of Human Resources 
Dennis McNeill v Department of Human Resources 
Chad R Bowman v Department of Human Resources 
Roy Andrew Ullum v. Department of Human Resources 
Eric Bouler v Department of Human Resources 
Gary T Mason v Department of Human Resources 
William R Rooker. Jr v Department of Human Resources 
Christopher M Allen v Department of Human Resources 
Tertence B Comer v Department of Human Resources 
Willie Polk V Department of Human Resources 
Domingo Cabav Department of Human Resources 
Leroy Crosby v Department of Human Resources 
David Hobson V Departmentof Human Resources 
Willie C. McRae Jr v Department of Human Resources 
JerT> Whitley v Mecklenburg County Child Support Enforcement 
Ernest Smith Sr v Department of Human Resources 
Douglas K Johnson v Department of Human Resources 
Gregory Alan Jett v Department of Human Resources 
William Jertell Seawell v Department of Human Resources 
Bruce A Carter v Department of Human Resources 
Perry Eugene Love v Department of Human Resources 
Hogan Larry Spencer v Department of Human Resources 
Maxine B Hopkins v Department of Human Resources 
Sandra F Willjford v Department of Human Resources 
Linda Wade-Hargrove \ Department of Human Resources 
Regina C Sullivan v Department of Human Resources 
Ten Lynne Lanier v Department of Human Resources 
Jetta Coleman v Department of Human Resources 
Katrina T Johnson v Department of Human Resources 
Clarisa Carter Watson v Department of Human Resources 
Paulette Duggins Rodgers v Department of Human Resources 

INSIRANCE 

Joseph J Peacock v. Department of Insurance 

JISTICE 

Barbara Carter Irons v DHR. Division of Facility Services 

Paul Harvey Ta\ lor \ Department of Justice. Company Police Program 

Christopher Michael Lynn v Company Police Program 

William G Fisher v Consumer Protection. Department of Justice 

Imran Ramnarine v Department of Justice, Company Police Program 

Alarm Systems Licensing Board 

Kim Brian Phelps v Alarm Systems Licensing Board 
Daniel Joseph Dunne. Ill v Alarm Systems Licensing Board 
William C Parham. Ill v Alarm Systems Licensing Board 

Education and Training Standards Division 

Charles Thomas OhnmachL Jr v Criml Justice Ed /Training Stds Comm 

Jon Randolph O'Dell v CrimI Justice Ed /Training Stds Comm 

James Haywood Mathews. Jr \ Criml Justice Ed, /Training Stds Comm 

Teresa D Wright v SheritTs' Ed & Training Stds Comm 

Christopher Lee v Criminal Justice Ed & Training Standards Comm 

Steven Wayne Olsen v Criminal Justice Ed & Training Standards Comm 

Edward Delano Hammock v Criminal Justice Ed & Training Sds Comm 

Garfield Duncan Whitaker v Criminal Justice Ed & Training Stds Comm 

Joseph Lonnie Wesson v Criminal Justice Ed & Training Standards Comm 

Frank Arlander Heame v Criml Justice Ed & Training Stds Comm 

Audrey McDonald Rodgers v Sheriffs' Ed & Training Stds Comm 

Gerald S Wingate v SheritTs' Ed & Training Stds Comm 

William Malcolm Mourino v SheritTs' Ed & Training Stds Comm 

Joel Scott Byrd v Criml Justice Ed & Training Stds Comm 

Derrick W Bowens v Sheriffs' Education & Training Standards Comm 

Joseph Ray Davis v Sheriffs' Ed & Training Stds Comm 

Dana Chambers Queen v Sheriffs' Ed & Training Stds Comm 

Joel Scott Byrd v SheritTs' Education & Training Stds Comm 

William Wayne McDowell v SheritTs' Education & Training Stds Comm 

Richard Allen Price, Jr v Criminal Justice Ed & Training Stds Comm 

Roy Randolph Carpenter. Jr v Crim Justice Ed &. Training Stds Comm 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AU 


DECISION 


REGISTER CITATION 


97CSE 1540 


Morrison 


02/19/98 




97CSE154I 


Reilly 


03/19/98 




97CSE1542 


Smith 


03/19/98 




97CSE1543 


Becton 


04/06/98 




97CSE1546 


Mann 


01/12/98 




97CSE1551 


Mortison 


03/20/98 




97CSE 1552 


Reilly 


02/02/98 




97CSE 1553 


Smith 


03/06/98 




97CSEI576 


Mortison 


04/27/98 




97CSE 1582 


Reilly 


03/19/98 




97CSE 1597 


Becton 


04/17/98 




97CSE 1598 


Chess 


04/23/98 




97CSEI6I3 


Morrison 


03/31/98 




97CSE 1614 


Morrison 


04/20/98 




97CSE 1631 


Reilly 


04/30/98 




97CSE 1632 


Smith 


04/16/98 




97CSE1679 


Phipps 


04/24/98 




97CSE1747*" 


Phipps 


07/24/97 




97CSE1907*-" 


Becton 


04/29/98 




97 CSE 2037 


Reilly 


08/21/97 




98CSE0016 


Morrison 


02/23/98 




98 CSE 001 7 


Becton 


02/23/98 




98 CSE 001 8 


Smith 


02/19/98 




98 CSE 0058 


Mann 


02/24/98 




98 CSE 0059 


Gray 


02/24/98 




98 CSE 0132 


Smith 


03/12/98 




98 CSE 0143 


Morrison 


03/12/98 




98 CSE 0272 


Phipps 


04/17/98 




98 CSE 0338 


Gray 


04/30/98 




97 DCS 0365 


Becton 


07/11/97 




97 DCS 0482 


Becton 


07/18/97 




97 DCS 0738 


Smith 


09/05/97 




97 DCS 0773 


Chess 


04/23/98 




97 DCS 0856 


Becton 


09/24/97 




97 DCS 0909 


Gray 


10/02/97 




97 DCS 1238 


Smith 


12/08/97 




96 INS 0433 


Becton 


07/25/97 


12:04 NCR 327 


97 DOJ 0669 


Phipps 


08/27/97 


12:06 NCR 501 


97DOJ0916 


ReilK 


10/03/97 




97 DOJ 1120 


Chess 


10/22/97 




97 DOJ 1 300 


Mann 


01/15/98 




97 DOJ 2071 


Becton 


06/11/97 




96 DOJ 1 785 


Gray 


08/08/97 




97 DOJ 0868 


Phipps 


09/1 2/97 




98 DOJ 0202 


Gray 


03/25/98 




96 DOJ 0353 


Phipps 


06/13/97 




96 DOJ 1466 


Phipps 


09/16/97 




96 DOJ 1957 


Reilly 


07/31/97 




97 DOJ 0035 


Morrison 


01/08/98 




97 DOJ 0076 


Mortison 


06/19/97 




97 DOJ 0077 


Phipps 


08/21/97 




97 DOJ 0078 


Gray 


12/19/97 




97 DOJ 0121 


Phipps 


1 1/04/97 




97 DOJ 0136 


Reilly 


08/26/97 




97 DOJ 0137 


Reilly 


06/10/97 




97 DOJ 0308 


Reilly 


07/31/97 




97 DOJ 0428 


Gra\ 


10/09/97 




97 DOJ 0430 


Phipps 


09/16/97 




97 DOJ 0557'*'* 


Chess 


03/06/98 




97 DOJ 0661 


Smith 


08/29/97 




97 DOJ 0747 


Gray 


10/02/97 




97 DOJ 0748 


Phipps 


03/05/98 




97 DOJ 0767*" 


Chess 


03/06/98 




97 DOJ 0817 


Morrison 


08/22/97 




97 DOJ 0976 


Phipps 


03/12/98 




97 DOJ 0977 


Becton 


12/31/97 





12:22 



NORTH CAROLINA REGISTER 



May 15, 1998 



2080 



CONTESTED CASE DECISIONS 



AGENCY 

Karen Poole Daniels \ Sheriffs' Ed & Training Stds Comm 
James Earl Everett v Crim Justice Ed & Training Stds Comm 
Paul William Turner, Jr v ShentTs' Ed & Training Stds Comm 
Roben Host Poner v ShentTs' Education & Training Stds Comm 
Anthon> Jerome Jackson v ShentTs' Ed & Training Stds Comm 
Thomas Alhen Stone \ Cnm Justice Ed & Training Stds Comm 
Rodolto Maldonado v ShentTs' Education & Training Stds Comm 
Richard Linwood Hopkins V Criminal Justice Ed & Training Stds Comm 

Private Proleclive Services Board 

Pn\ ate Protectixc Services Board V Phillip L Hanson 
Ronald Anthonv Boheck \ Private Protective Services Board 
Joseph D Whites Pri\ ate Protective Services Board 
Arnold S Frse v Pn\ate Protective Serv ices Board 
Harr\ A House \ Pn\ ate Protective Services Board 
Earl Thomas Wilson \ Private Protective Services Board 
Christopher G Holmann \ Pn\ ate Protective Services Board 
Patti Jones v Private Protective Services Board 
John Stokes. Jr v Pnvate Protective Services Board 
Ronnie Young \ Pnvate Protective Services Board 
Steven M Rilev \ Private Protective Ser\ ices Board 

PI BLIC INSTRl CTION 

Nicholas Eirschele- h> his parents. Charles & Kathy Eirschele v Craven 

Countv Board of Education 
Jay and Elisabeth Miller \ Henderson Countv Public Schools 
Karen L Holgersen \ Depanment of Public Instruction 
Meridith Kirkpatnck. b> her parent. Susan Kirkpatnck and Mendith 

Kirkpatnck- Individually v Lenoir County Board ot'Education 
Brian .Allen Hoffman \ Depanment of Public Instruction 
Alexander & Linda Brodv & their son. James Brody v Dare Countv 

Public Schools 
Jav and Elisabeth Miller \ Henderson County Public Schools 
Brenda Joyce Brooks Lovely v State Board of Education 
John G Schaenman V State Board of Education 
Norman D Crons \ State Board of Education 

Paul W Bonham V State Board of Education. Dept of Public Instruction 
Fred W Crawford II \ Charlotte/Mecklenburg Board of Education 
Walter R Bennett v State Board of Education 
Julius O Webb V Hertford County Board of Education 
Charles Beverly Whitlev \ State Board of Education 
H Margaret Willetts v Department of Public Instruction 
Karen Clark Ceccato v Department of Public Instruction 
Carl Smith Herman \ State Board of Education 
Clarence Thomas Ford \ Department of Public Instruction 
Cynthia Chislev V Cumberland County Board of Education 
Thomas Jenkins iStudent). Bemitha Jenkins (Parent) \ Ralph Fike Senior 

Hi2h. Wilson Counn Public School 



CASE 




MMBER 


ALJ 


97DOJ 1128 


Morrison 


97DOJ 1218 


Grav 


97DOJ 1235 


Reillv 


97 DOJ 1 3 1 8 


Morrison 


97DOJ 1426 


Phipps 


97 DOJ 1 547 


Becton 


98 DOJ 0023 


Morrison 


98 DOJ 0418 


Morrison 


96 DOJ 0795 


Smith 


97 DOJ 0476 


Mortison 


97 DOJ 0724 


Grav 


97 DOJ 0726 


Morrison 


97 DOJ 0727 


Phipps 


97 DOJ 0996 


Grav 


97 DOJ 1 1 94 


Grav 


97 DOJ 1195 


Reilly 


97 DOJ 1 1 96 


Reillv 


97 DOJ 1197 


Grav 


97 DOJ 1445 


Mann 


96 EDC 0655 


Mann 


96 EDC 0766*- ■ 


Phipps 


96 EDC 0808 


Smith 


96 EDC 0979 


Overbv 


96 EDC 1013 


Grav 


96 EDC 1 095 


Creech 


96 EDC 1 708*- ■ 


Phipps 


97 EDC 0089 


Mortison 


97 EDC 0095 


Mortison 


97 EDC 01 17 


Reillv 


97 EDC 0343 


Smith 


97 EDC 0345 


Smith 


97 EDC 0657 


Smith 


97 EDC 0736 


Gray 


97 EDC 0898 


Becton 


97 EDC 0978 


Phipps 


97 EDC 0989 


Smith 


97 EDC 1050 


Becton 


97 EDC II 09 


Mortison 


97 EDC 1167 


Grav 


97 EDC 1550 


Smith 



DATE OF 
DECISION 

02/02/98 
01/26/98 
04/15/98 
04/09/98 
01/09/98 
04/20/98 
04/20/98 
04/23/98 



06/05/97 
06/20/97 
10/06/97 
04/09/98 
09/11/97 
10/06/97 
03/24/98 
11/03/97 
1 1/03/97 
03/24/98 
01/30/98 



09/02/97 

12/11/97 
05/27/97 
06/02/97 

10/24/97 
08/25/97 

12/11/97 
08/01/97 
10/07/97 
09/23/97 
10/28/97 
10/21/97 
09/29/97 
09/09/97 
12/31/97 
10/29/97 
09/16/97 
10/27/97 
04/14/98 
12/29/97 
01/06/98 



PI BLISHED DECISION 
REGISTER CITATION 



12 13 NCR 1201 



12 07 NCR 581 
12 13NCR 1201 



STATE PERSONNEL 



Administration 

Paul F Rock V Dept of .Administration Di\ of Purchase and Contract 

Brunswick Community College 

Dr Donald W Skinner v Brunswick Community College 

Correction 

Janice Harding \ Department of Correction 

William H Williamson v A K Prum. Sup Blanch '^'outh Inst. Cortection 

William H Williamson \ A K Pruitt. Sup Blanch ^outh Inst. Correction 

Michael McKimmey \ Department of Cortection 

Pamela Robinson \ Department of Correction 

Pamela Robinson \ Department of Cortection 

Ronald C Denton. Sr \ Dept of Cortection. Western Youth Institution 

Stephen Duhav \ Department of Cortection 

Rodney Jones. Paula Hawkins. James McKov \ Dept of Cortection 

Rodnev Jones. Paula Hawkins. James McKoy \ Dept of Correction 

Rodney Jones. Paula Hawkins. James McKoy v Dept of Cortection 

Earn WavTie Pruitt. Jr \ Department of Cortection 

Margaret Martin Roberts \ Department of Cortection 

William Hershel Bradley \ Franklin Freeman. Supt Mark Hughes. 

Grant Spicer. ."Xsst Supt Uade Hatlev. et al. Department of Cortection 
Dennis Hartell v Department of Cortection 



97 0SP 1404 


Phipps 


01/09/98 






97OSP0310 


Phipps 


06/12/97 






87OSPI250 


Mortison 


01/12/98 






93OSP0687'' 


Grav 


01/28/98 






93 0SP 1379* • 


Grav 


01/28/98 






96OSP0254 


Reillv 


12/18/97 


12.14 NCR 


1363 


96 OSP 0403*-- 


West 


12/08/97 


12 14 NCR 


1373 


96 OSP 0654*'- 


West 


12/08/97 


12:14NCR 


1373 


96 OSP 0773 


Chess 


03/10/98 






96 OSP 0896 


Grav 


01/28/98 






96 OSP 1051*'" 


Phipps 


08/20/97 






96 OSP 1119»'" 


Phipps 


08/20/97 






96 OSP 1120*'' 


Phipps 


08/20/97 






96 OSP 1133 


Grav 


08/11/97 






96 OSP 1157 


Reillv 


01/26/98 


I2:17NCR 


1677 


96 OSP 1604 


Phipps 


06/19/97 






96 OSP 2039 


Chess 


06/18/97 







2081 



NORTH CAROLINA REGISTER 



Max 15, 1998 



12:22 



CONTESTED CASE DECISIONS 



■M^ 



AGENCY 

Ray Evans Joyner v Correction. Div of Adult Probation/Parole 

Morton Floyd v New Hanover Department of Correction 

Fannie P. Greene v. Adult Probation, State of NC 

Donald R Webb v. Department of Correction 

William G Jordan v Department of Correction 

Joe Nathan Graham v. Department of Correction 

William A Rich v Dennis Rowland (Asst Supt ) Wake Corr Ctr DOC 

Deborah R Dixon v Department of Correction 

Tone M Osborne v Department of Correction 

Stanford R Peerless v Department of Correction 

Dennis M Butcher v Department of Cortection 

Lonnie F McCaskill. Ill v Department of Correction 

William E McCaskill v Department of Correction 

William A Rich V Department of Correction 

Andrew Pinto v Department of Cortection 

Regina Draughon v. Department of Correction. Duplin Cortectional Ctr 

Ronald M. Johnson v Emp Rel, Comm , DOC (Mortison Youth Inst ) 

Bemie B Kelly v Harry Chambers. Department of Correction 

Stanley L Ingram v Department of Cortection 

Randy L Tompkins v Department of Cortection 

Constance L Hines v Personnel Dept Polk Youth Institute 

Omar J Finley v Dept of Cortection. Div of Adult Probation & Parole 

Andrew Pinto v Department of Cortection 

Pamela Denise Hall v Scotland Cortectional Center 

Reginald W Lewis v Piedmont Cort Institute. Mr T. Pinion. Cpt. 

K Fr>. Sgt. Dancy. SCT. B, Crawford 
Donald W Keith v Department of Cortection 
William D. Bryant. Jr. v Department of Cortection 
Frances A Holden v Lumberton Cortectional Institute 
Thomas Woolridge \ Lumberton Correctional Institute 
Ronald Graham Moore v Department of Cortection 
Donald Hargrove V Department of Cortection/Emp Relations Comm 
William G Fisher V Don Peach-Hattie Pimpong. Dept of Cortection 
Angela Meeks v John Meiners. D A R T Pasquotank 
Rolander Y. Gnce. Sr v Dept of Cortection. Division of Prisons Section 

Crime Control and Public Safety 

Timothy M Lassiter \ Crime Control & Public Safebi. St Hwy Patrol 
Cartoll E. Ward v. State Highway Patrol 

Employment Security Commission 

Broxie J Nelson v Employment Security Commission 
Sandra T Shearin v Employment Security Commission 
Mar\ H Ranson v Employment Security Commission 
Cartie F Luther v Employment Security Commission 
Frances P Gray v. Employment Security Commission 

Environment, Health, and Natural Resources 

Yin-Pong G Chang v EHNR. Div Environmental Management 
James Fred Swain v Environment. Health, and Natural Resources 
James S Kantor v Environment. Health, and Natural Resources 
Dowell Gray v. Department of Environment and Natural Resources 
and 
Onslow County Department of Health 
Victor Lail v Department of Environment. Health, and Natural Resources 

Health and Human Services 

Betty J Souther \ New Ri\'er Area MH/DD/SA Program 

Kenneth B Cooper v Piedmont Area Mental Health 

Willie D Parks \ Cherry Hospital. Department of Human Resources 

Robert Tilson Morley v Department of Human Resources 

Gale Wortells v Department of Human Resources. 0'Berr> Center 

Glen Sutton v Cumberland County Department of Social Services 

Brenda C Burgess v Dept of Human Resources (Broughton Hospital) 

Felicia Ann Baker v Lenoir County DSS. Jack B Jones 

Sharton S Moten v, Lenoir County DSS. Jack B Jones 

Pamela Masse> v Department of Human Resources 

Clifton Dean Hill v Department of Human Resources 

Bennie Allen Suttle v Department of Human Resources 

Calvin E Kaiser v Southeastern Mental Health Center 

Sandra Riley v Onslow County Department of Social Sen ices 

Vicky Angel Morgan v Buncombe County Department of Social Services 

Antoinette Leveille v Onslow County Department of Social Services 

Rick A Sanders v Department of Health and Human Services 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


97OSP0100 


Becton 


09/18/97 




97OSP0152 


Gray 


06/13/97 




97OSP0261 


Gray 


I1/2U/97 




97 OSP 0302 


Gray 


03/12/98 




97 OSP 0469 


Mortison 


10/31/97 


12T1NCR 987 


97 OSP 0539 


Smith 


01/13/98 




97 OSP 0542 


Gray 


09/02/97 




97 OSP 0594 


Smith 


01/29/98 


12T7NCR 1685 


97 OSP 0601 


Smith 


10/27/97 




97 OSP 0636 


Mortison 


02/25/98 




97 OSP 0745 


Reilly 


12/10/97 




97 OSP 0761 


Gray 


10/02/97 




97 OSP 0770 


Becton 


09/26/97 




97 OSP 0853 


Mann 


1 2/23/97 




97 OSP 0873 


Becton 


10/31/97 




97 OSP 0883 


Phipps 


12/19/97 




97 OSP 0940 


Gray 


10/02/97 




97 OSP 0998 


Becton 


02/03/98 




97 OSP 1075 


Mann 


12/23/97 




97 OSP 1110 


Smith 


12/16/97 




97 OSP 1225 


Mann 


02/11/98 




97 OSP 1237 


Phipps 


03/24/98 




97 OSP 1261 


Phipps 


02/04/98 




97 OSP 1275 


Chess 


03/05/98 




97 OSP 1276 


Smith 


12/02/97 




97 OSP 1294 


Chess 


01/14/98 




97 OSP 1320 


Chess 


03/05/98 




97 OSP 1321 


Becton 


12/31/97 




97 OSP 1401 


Becton 


12/19/97 




97 OSP 1453 


Phipps 


03/12/98 




98 OSP 0075 


Gra\ 


03/06/98 




98 OSP 01 17 


Mann 


03/06/98 




98 OSP 01 88 


Gray 


03/26/98 




98 OSP 0233 


Gray 


04/14/98 




97 OSP 0423 


Phipps 


10/29/97 




97 OSP 0750 


Mann 


09/16/97 




96 OSP 0378 


Becton 


07/10/97 




97 OSP 0293 


Phipps 


01/07/98 




97 OSP 0387 


Mann 


07/24/97 




97 OSP 0943 


Mann 


01/12/98 




97 OSP 0948 


Smith 


01/13/98 




95 OSP 0937 


Reilly 


02/18/98 




96 OSP 0440 


Gray 


10/02/97 


12:09 NCR 851 


96 OSP 0633 


Smith 


09/30/97 


12:09 NCR 854 


97 OSP 0374*" 


Gray 


12/01/97 


12:13 NCR 1222 


97 OSP 1602 


Becton 


04/29/98 




94 OSP 0327 


Becton 


10/20/97 




95 OSP 03 12 


Smith 


12/19/97 




96 OSP 061 7 


Phipps 


09/10/97 




96 OSP 0969 


Gray 


08/21/97 




96 OSP 1011 


Gra> 


04/24/98 




96 OSP 1296 


Gray 


07/17/97 




96 OSP 1 485 


Phipps 


10/13/97 




96 OSP 1664 


Becton 


12/05/97 




96 OSP 1 665 


Becton 


12/05/97 


12:13NCR 1215 


96 OSP 1927 


Becton 


08/28/97 


12 06 NCR 497 


97 OSP 0007 


Phipps 


06/20/97 


12:02 NCR 107 


97 OSP 0069 


Reilly 


09/30/97 




97 OSP 0073 


Grav 


08/08/97 




97 OSP 02 17 


Reilh 


10/14/97 




97 OSP 0283 


Becton 


1 0/02/97 




97 OSP 0305 


Chess 


01/30/98 




97 OSP 0307 


Reillv 


10/16/97 





12:22 



NORTH CAROLINA REGISTER 



May 15, 1998 



2082 



CONTESTED CASE DECISIONS 



AGENCY 

Troy Games v Durham Count\ Mental Health Department 

Edward Percell Eason v Department of Human Resources 

Dale Dees v Trend Community Mental Health Ser\'ices 

Chnstme Potter \ Depanment of Human Resources 

Lisha Dawn Byrd v Human Resources (Western Carohna Center) 

Donna Lunslbrd v Caswell County Public Health Department 

Charles F Fields v Department of Human Resources 

Shirlene R Boone v Hertford Count> Dept/Social Services. Jerome Brown 

Richard G Stee\es\ Scotland County Board of Health 

Harold Lee Batiste \ Department of Human Resources 

Antonio A Archibeque \ Barbara D Whitley. Dir. Stanly Count\ DSS 

rheon Shan \ Department of Human Resources. Caswell Center 

DHR. Deaf & Hard of Hearing CNCSD. E\onne Broadna.x v DHR. 

Deaf & Hard of Hearing CNCSD 
Richard G Sleeves \ Scotland County Board of Health & Scotland County 
Julia R Baker \ Union Count\ Department of Social Services 
Mars E Reed v Depanment of Human Resources (Broughton Hospital) 
Katrena Denise Hstes \ Dept of Health and Human S\cs . Murdoch Ctr 
Fred Foster, J r \ Depanment of Health and Human Services 
Dexter Taslor \ Department of Health and Human Sersices 
Fred Foster. J r \ Department of Health and Human Services 
Melvin Lee v Depanment of Health and Human Services 
Fred Foster. J r v Depanment of Health and Human Services 
Fred Foster, J r \ Depanment of Health and Human Services 
Fred Foster. Jr \ Depanment of Health and Human Services 
Fred Foster. Jr \ Department of Health and Human Serv ices 
Fred Foster, Jr v Department of Health and Human Services 
Bennie .Allen v Depanment of Health and Human Services 
Fred Foster, J r v Depanment of Health and Human Services 
Fred Foster, J r v Department of Health and Human Services 
Tonva Carson \ Buncombe Countv Health Center 



Justice 

Elizabeth Rouse Moslev ' 



Department of Justice 



Labor 

Penny E Leonhardt v Depanment of Labor 

Public Instruction 

Frances Phillips Melon \ Department of Public Instruction 
Dowell Gray \ Department of Environment and Natural Resources 
and 
Onslow Countv Depanment of Health 

Transportation 

Tommie R Jones, Samuel W \\ instead. Timothy C Sturges, Michael J 

Boone, and Ronnie Batchelor \ Dept of Transportation, Div of Motor 

Vehicles, Enforcement Section 
Tommie R Jones, Samuel W Winstead, Timothy C Sturges, Michael J 

Boone, and Ronnie Batchelor \ Dept of Transportation, Di\ of Motor 

Vehicles, Enforcement Section 
Tommie R Jones, Samuel W Winstead. Timothy C Sturges. Michael J 

Boone, and Ronnie Batchelor \ Dept of Transportation, Di\ of Motor 

Vehicles. Enforcement Section 
Georgian Wanen v Dept of Transportation, Di\ of Motor Vehicles, 

Enforcement Section 
Tommie R Jones. Samuel W Winstead, Timothy C Sturges. Michael J 

Boone, and Ronnie Batchelor \ Dept of Transportation. Di\ of Motor 

Vehicles. Enforcement Section 
Tommie R Jones. Samuel W Winstead. Timothy C Sturges. Michael J 

Boone, and Ronnie Batchelor V Dept of Transportation. Di\ of Motor 

Vehicles. Enforcement Section 
Evia L Jordan V Dept of Transportation, Division of Motor Vehicles 
Wendell L Webb v Department of Transportation, Fenv Division 
Wendell L Webb v Department of Transportation, Ferry Division 
Daniel H Spauldmg \ Department of Transportation 
Frank .A Tice, III \ Department of Transportation 
Carl H Posey, Jr v Department of Transportation 
Roy J Abbott \ Department of Transportation 
James French \ Department of Transportation 
Nita .Anderson v Department of Transportation 

University of North Carolina 

Boyd S Ta\ lor v NC Central University 



CASE 




MMBER 


ALJ 


97OSP0347 


Mann 


97OSP0363 


Grav 


97 OSP 0402 


Mann 


97OSP048I 


Gray 


97 OSP 0491 


Morrison 


97 OSP 0500 


Grav 


97 OSP 0531 


Reillv 


97 OSP 0595 


Chess 


97 OSP 0622*-' 


Phipps 


97 OSP 0655 


Reillv 


97 OSP 0663 


Smith 


97 OSP 0733 


Chess 


97 OSP 0756 


Becton 


97 OSP 0760*-' 


Phipps 


97 OSP 0783 


Grav 


97 OSP 0907 


Smith 


97 OSP 1168 


Momson 


97 OSP 1287*' 


Smith 


97 OSP 1638 


Grav 


97 OSP 1653*" 


Smith 


97 OSP 1657 


Smith 


97 OSP 1699*"'" 


Smith 


97 OSP 1 700'"' 


Smith 


97 OSP 1701*'' 


Smith 


97 OSP 1702*''" 


Smith 


98 OSP 0040*"' 


Smith 


98 OSP 0043 


Grav 


98 OSP 0077*''" 


Smith 


98 OSP 01 87*"' 


Smith 


98 OSP 0251 


Smith 


96 OSP 2008 


Momson 


97 OSP 1088 


Chess 


95 OSP 0907 


Travvick 


97 OSP 0374*'" 


Grav 



DATE OF 
DECISION 

08/05/97 
08/15/97 
11/24/97 
03/23/98 
08/28/97 
03/13/98 
03/25/98 
04/06/98 
10/21/97 
03/31/98 
09/02/97 
04/29/98 
09/03/97 

03/06/98 
10/13/97 
02/05/98 
03/31/98 
03/19/98 
04/24/98 
03/17/98 
02/1 8/98 
03/17/98 
03/19/98 
03/19/98 
03/17/98 
03/19/98 
03/10/98 
03/17/98 
03/19/98 
04/16/98 



03/26/98 



03/05/98 



06/09/97 
12/01/97 



PI BLISHED DECISION 
REGISTER CITATION 



12 12 NCR 1087 



12 13 NCR 1222 



96 OSP 0781*-' 


Phipps 


11/13/97 


12 11 NCR 


979 


96 OSP 0782*-' 


Phipps 


11/13/97 


12 11 NCR 


979 


96OSP0783*-' 


Phipps 


11/13/97 


12,11 NCR 


979 


96 OSP 0784*"' 


Phipps 


11/13/97 


12 11 NCR 


979 


96 OSP 0785*-" 


Phipps 


11/13/97 


12 11 NCR 


979 


96 OSP 0786*-' 


Phipps 


11/13/97 


12,11 NCR 


979 


96 OSP 0980 


Phipps 


04/07/98 






96 OSP 1710*-" 


Phipps 


10/31/97 






97 OSP 0198*--' 


Phipps 


10/31/97 






97 OSP 0221 


Becton 


02/26/98 


12 18 NCR 


1742 


97 OSP 0380 


Mann 


09/05/97 






97 OSP 0486 


Grav 


03/04/98 






97 OSP 0697 


Momson 


12/05/97 






97 OSP 1252 


Smith 


12/16/97 






97 OSP 1515 


Phipps 


03/09/98 






94 OSP 0363 


Chess 


09/12/97 







2083 



NORTH CAROLINA REGISTER 



Mav 15, J 998 



12:22 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NIMBER 



AU 



DATE OF 
DECISION 



PIBLISHED DECISION 
REGISTER CITATION 



Gregory Lapicki v East Carolina Uni\ersit\' 

Diane Riggsbee-Ra\nor v. UNC at Chapel Hill 

Helen MclntvTe v UNC-TV University' of North Carolina 

Elaine P Browne v Winston-Salem State University 

Carol Glosson v University of NC Hospitals at Chapel Hill 

Theresa Rogers v University of NC Hospitals at Chapel Hill 

Ann O Meares v NC State University 

Jesse Daniels v East Carolina University 

Darrell J Hampton v NC Central University 

Clinton A Broune v NC A&T State University 

Kenneth L Jarman v. East Carolina University 

William A Covington v NC A & T State University 

Beth W Vinson v Western Carolina University 

Viola Simmons v UNC-Wilmington 

Helen Mclntyre v UNC-TV University of North Carolina 

Johnny Johnson. Jr v A&T St University, Student Union Grievance Bd 

Helen Mclntyre v UNC-TV University of North Carolina 

Synthia Shau v UNC at Chapel Hill School of Medicine 

E Julius Carter \ UNC-Greenshoro 

Kevin Iv KafTenberger V Universin of North Carolina Chapel Hill 

Betty M Burnett v University of North Carolina Hospitals 

Cindy Hartzell V NCSU Facilities Operations 

Edward L Chatman v UNC Hospital Marriot 

Winifred Bird v University of NC Hospitals at Chapel Hill 

William Gibbs v University of NC Hospitals at Chapel Hill 

Sharon McLawhom v East Carolina University 

Donna M VanHook v University of NC Hospitals at Chapel Hill 

Tianyou Zheng v University of NC at Chapel Hill 

James Mathis. Jr v University of NC Wilmington 

Alonzo Andrews. Jr v Fay etteville State University 

RE\EME 

Arapahoe Charter Schools v. Department of Revenue 



SECRETARY OF STATE 

Greenway Capital Corp & Stacey Lee Davis ^ 
Teresa M Coltrain v Secretary of State 



Securities Div Sec'v/State 



STATE TREASl'RER 

Shelby H Undenvood. et al v Trustees Teachers/St Emp Ret Sys 
Richard Albert Jose v State Treasurer Retirement Systems Div 
Annie Thamngton Harrington v Trustees Teachers/St. Emp Ret Sys 
Linda Gail Svvaim v Dept. of State Treasurer. Retirement System Div 
and 
Lisa Jenkins 



94 0SP 1721 
96OSP0326 
96 OSP 0822 
96 0SP 1007 
96 OSP 1015 
96 OSP 1065 

96 OSP 1870 

97 OSP 0123 
97 OSP 0155 
97 OSP 0199 
97 OSP 0249 
97 OSP 0686 
97 OSP 0762 
97 OSP 0859 
97 OSP 0991 
97 OSP 1060 
97 OSP 1148 
97 OSP 1171 
97 OSP 1202 
97 OSP 1249 
97 OSP 1272 
97 OSP 1299 
97 OSP 1384 
97 OSP 1413 
97 OSP 1559 
97 OSP 1560 
97 OSP 1581 
97 OSP 1675 

97 OSP 1690 

98 OSP 0151 



97 REV 1696 



94 SOS 0097 
97 SOS 0499 



96 DST 0390 
97DST0281 

97 DST 0866 
97 DST 1 373 



Reilly 

Chess 

Gray 

Reiily 

Becton 

Morrison 

Chess 

Morrison 

Mann 

Phipps 

Gray 

Becton 

Phipps 

Gray 

Gray 

Phipps 

Gray 

Morrison 

Phipps 

Mann 

Phipps 

Phipps 

Phipps 

Phipps 

Gray 

Phipps 

Gray 

Phipps 

Chess 

Phipps 



Reilly 



Gray 
Reilly 



Reilly 
Reilly 
Mann 
Smith 



02/11/98 
06/04/97 
09/26/97 
09/24/97 
10/08/97 
10/23/97 
09/22/97 
01/13/98 
08/11/97 
09/18/97 
09/26/97 
08/29/97 
10/10/97 
11/18/97 
09/26/97 
03/17/98 
10/16/97 
03/11/98 
11/05/97 
02/13/98 
02/26/98 
02/13/98 
01/20/98 
01/12/98 
03/06/98 
02/05/98 
04/01/98 
04/03/98 
03/26/98 
03/27/98 



03/27/98 



10/28/97 
10/22/97 



08/05/97 
10/02/97 
01/15/98 
03/23/98 



12 01 NCR 39 



12 21 NCR 1970 



12 10NCR 914 



12.15NCR 1468 
12:20 NCR 1865 



TRANSPORTATION 

Audrey W Harris v Transportation. Manson/Wheat Contr,, & Wake Elec 
Terrance E McEnally. Ill v Division of Motor Vehicles 

IM\ ERSIT^ OF NORTH CAROLINA 

Clinton S. Rogers v. UNC-Chapel Hill 



97 DOT 0566 


Grav 


07/28/96 




98 DOT 0445 


Morrison 


04/16/98 


12 21 NCR 1975 


97 UNC 1062 


Becton 


10/31/97 





12:22 



NORTH CAROLINA REGISTER 



May 15, 1998 



2084 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



1 he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and 
chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the North 
Carolina executive branch of government has been assigned a title number. Titles are further broken down into 
chapters which shall be numerical in order. The other P,vo. subchapters and sections are optional subdivisions to 
be used by agencies when appropriate. 



■jjq. 



uppropn 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Athletic Trainer Examiners 


3 


4 


Commerce 


Auctioneers 


4 


5 


Correction 


Barber Examiners 


6 


6 


Council of State 


Certified Public Accountant Examiners 


8 


7 


Cultural Resources 


Chiropractic Examiners 


10 


8 


Elections 


Employee Assistance Professionals 


11 


9 


Governor 


General Contractors 


12 


10 


Health and Human Senices 


Cosmetic Art Examiners 


14 


11 


Insurance 


Dental Examiners 


16 


12 


Justice 


Dietetics/Nutrition 


17 


13 


Labor 


Electrical Contractors 


18 


14A 


Crime Control & Public Safety 


Electrolysis 


19 


15A 


En\ ironment and Natural 


Foresters 


20 




Resources 


Geologists 


21 


16 


Public Education 


Hearing Aid Dealers and Fitters 


TT 


17 


Re\enue 


Landscape Architects 


26 


18 


Secretar. of State 


Landscape Contractors 


28 


19A 


Transportation 


Marital and Faniilv Therap> 


31 


20 


Treasurer 


Medical Examiners 


32 


*21 


Occupational Licensing Boards 


Midwiferv Joint Committee 


33 


22 


Administrative Procedures 


Mortuarv Science 


34 


23 


Communit) Colleges 


Nursing 


36 


24 


Independent Agencies 


Nursing Home Administrators 


37 


25 


State Personnel 


Occupational Therapists 


38 


26 


Administrative Hearings 


Opticians 


40 


27 


NC State Bar 


Optometry 


42 






Osteopathic Examination & Reg. (Repealed) 


44 






Pastoral Counselors. Fee-Based Practicing 


45 






Pharmac) 


46 






Ph_\ sical Therap) Examiners 


48 






Plumbing. Heating & Fire Sprinkler Contractors 


50 






Podiatrv Examiners 


52 






Professional Counselors 


53 






Ps>cholog\ Board 


54 






Professional Engineers & Land Sur\e_\ors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance .Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






\'eterinar\ Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



20H5 



NORTH CAROLINA REGISTER 



May 15, 1998 



12:22 






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